Types of Constructive Dismissal
There are two main types of constructive dismissal: the first is when an employer makes significant and unilateral changes to fundamental terms in a contract, such as compensation (salary, benefits), job duties, reporting structure within the company hierarchy, work hours, workplace location, or the term of employment, without the employee’s explicit consent. This is often referred to as “constructive termination”. The second type of constructive dismissal involves an employer who acts in a way that makes the working conditions so intolerable that the employee feels they have no choice but to resign.
Both situations are serious and it’s essential that a Toronto Constructive Dismissal Lawyer near me is contacted immediately. A claim for constructive dismissal can be extremely complex and requires an experienced lawyer to navigate. This is because the actions that lead to a claim for constructive dismissal usually take place over a period of time and may not seem severe or intolerable when taken in isolation.
The most important part of a constructive dismissal case is showing that an employer has breached one or more express or implied terms in the employee’s contract. An express term is usually a clear and unambiguous provision in the contract that has been breached, such as the requirement to provide an employee with safe work conditions. An implied term may be a little more difficult to prove, but is typically found when an employer breaches a fundamental duty such as trust and confidence that is implicit in all contracts of employment.
Two Main Types of Constructive Dismissal
A person who claims they have been constructively dismissed must show that they had no other option but to resign as a result of the intolerable working conditions. This can be a complicated and lengthy process, but is typically successful. It is vital that an employee has attempted to resolve the issue through their employer’s complaints or grievance procedure before resigning and making a claim for constructive dismissal.
An employee who claims they have been constructively dismissed is usually entitled to a significant amount of compensation, such as notice pay or severance pay based on their length of employment and position. They may also be entitled to damages for any loss of income, emotional distress and injury to reputation that they have suffered as a result of the termination of their contract.
If you have been experiencing difficulties at your job and believe you have been constructively dismissed, don’t hesitate to contact Benjamin Law right away. Our team of constructive dismissal Toronto Employment Lawyers is here to help you with all your employment law matters, including wrongful dismissal and sexual harassment. We are here to protect your rights, and our goal is to ensure that you get the best outcome possible from any employment dispute. Call us today or complete our online contact form to arrange a free consultation with a member of our team. Our office is conveniently located in downtown Toronto and we serve clients across Ontario. We offer same-day appointments.