understanding the concept of constructive dismissal

concept of constructive dismissal

If you have quit your job because of intolerable working conditions created by your employer, you may be able to claim constructive dismissal. In order to do so, you must be able to demonstrate that your employer’s actions amounted to a fundamental breach of your employment contract. This is not an easy thing to do, however. You will need to show that you resigned as a result of the intolerable circumstances and that your decision to resign was based on the seriousness of the breach and the amount of deliberation involved in the employer’s conduct.

The concept of constructive dismissal is complicated, and each case will depend on the specific context. Generally, it will be found that an employer has committed constructive dismissal when they have substantially changed an employee’s working conditions so that it becomes impossible or very difficult for them to do their job. This can include making changes to the workplace environment, work schedule or duties. It can also include changes to the way work is performed or how it is evaluated, or making an employee’s position obsolete. This type of change is unlikely to occur in a unionized workplace, as it would be contrary to the terms of the employment contract and the collective agreement.

Usually, employers will try to solve problems relating to the working environment before an employee resigns. This is why it is important for employees to raise issues formally through the appropriate channels and to do so as quickly as possible – if you continue to remain silent about a problem, it is likely that you will be seen as having accepted or acquiesced to the changes, which will defeat your claim for constructive dismissal.

understanding the concept of constructive dismissal

In many cases, your Toronto constructive dismissal lawyer will be able to negotiate a settlement with your employer to avoid the costs of litigation. Most of the time, these settlements will be based on a formula that considers your salary history, age, length of service and your likelihood of finding similar work. If your case is successful, you are entitled to compensation for your losses.

If you believe you have been subjected to a constructive dismissal lawyer near me, contact Bune Law today. We will review your case, explain the strength of your argument and help you devise an appropriate strategy. It is important to have physical and factual evidence in support of your case, so make sure to take contemporaneous notes of any relevant events. It is also helpful to be able to provide your employment lawyer with all of the information about the workplace environment that you have gathered in order to maximize the effectiveness of your case.