Signs of Constructive Dismissal

If your workplace has become intolerable due to the actions or behaviour of your employer and you feel compelled to resign, you may be entitled to claim constructive dismissal. This is a complex issue and you should seek advice from an experienced employment lawyer to determine whether you have a claim.

A common misconception is that an employee can only be dismissed if they are fired or made redundant. This is untrue and, in fact, it is more common for an employer to breach an employee’s contract by imposing unacceptable working conditions. For example, a company may change your work hours, ask you to relocate or alter the nature of your role. It is important to understand the difference between a breach of contract and constructive dismissal so that you can take action and protect your rights.

To make a claim for constructive dismissal you must first show that your employer has breached the terms of your contract and that these conditions have made your employment intolerable. You must also prove that you have tried to resolve the situation with your employer and that you have been unable to do so. It is important that you document the events as they occur so that your evidence is as strong as possible.

An example of a breach of contract which could trigger constructive dismissal is changing an employee’s salary or job duties without their consent. Generally speaking, this type of change will require your consent to do so and, as such, it is unlikely that you would consider this to be a fundamental term of your contract. However, this is not always the case.

What Are the Signs of Constructive Dismissal?

For instance, suppose your employer moves you from a desk in the office to another location across the city. This is a significant distance and requires a commute, and it changes your work pattern significantly. Similarly, your manager might decide to demote you after you have been in your position for a while and change the reporting lines of someone else in the organisation. These types of changes might be considered to be substantial and fundamental and, therefore, a breach of contract.

If you are unable to resolve your situation with your employer and you have tried everything you can to do so, you should contact a Toronto Constructive Dismissal Lawyer to review your case. You must also remember that you can only claim constructive termination if you have worked for your current employer for at least 2 years and if you are employed on a contractual basis and have completed your statutory notice period.

It is important that you act as quickly as possible to protect your rights. You should not delay seeking legal advice because the sooner you do so, the stronger your claim will be. Contact Bune Law today to book a consultation with one of our experienced and knowledgeable employment lawyers who will discuss the circumstances surrounding your dispute, explain your options and determine whether you have a claim for constructive dismissal.