Constructive Dismissal

If you are being made to leave your job in circumstances that make it intolerable for you, you can claim constructive dismissal. To be successful in such a claim, you must prove that your employer’s actions were sufficiently severe and serious that a reasonable person would feel compelled to quit as a result. There are several factors that a court will consider when making this decision, including the type of change (demoting someone or reducing their salary, a reduction in work duties, reassignment to menial tasks, age discrimination etc), whether a replacement job was offered and is reasonably comparable, and whether the new environment was hostile and intolerable.

Employees who are able to successfully claim constructive dismissal can often be awarded damages, including lost wages and benefits. In addition, they may be entitled to severance pay, in some cases. The best way to ensure that you have a strong case for constructive dismissal is to speak with an experienced Toronto employment lawyer. Paulette Haynes is a Toronto employment law expert who frequently works with employers who are planning to implement workplace changes. She has an excellent track record of helping them design and implement strategies that allow them to make the change while mitigating their liability for claims by employees.

In the case of alleged harassment, discrimination, or dangerous/poisoned work conditions, you must show that your employer failed to take action after you raised concerns with them. In such cases, it is essential that you have a paper trail of your attempts to bring the issue up with supervisors or other members of management, and that they ignored those attempts.

Constructive Dismissal and Discrimination?

It is also important that you show that your resignation was a result of these intolerable working conditions, not any other reason. For example, if you were demoted, your employment contract might provide that you can only resign for a good cause, such as termination without notice.

If you’re a unionized employee, it is your duty to report your issues through the grievance process or internal channels. This is the only way that you can be sure that your employer has been given an opportunity to correct the situation and prevent a claim for constructive dismissal lawyer.

The other factor that the courts will consider is whether the employer’s behaviour was calculated to encourage your resignation. This includes singling out one employee with criticism or demeaning them in front of the whole team, which can be viewed as bullying and could potentially be considered discrimination on grounds of race, sex, religion or national origin.

A good employment legal matters lawyer will carefully evaluate all of the evidence before advising you as to how strong your case is for constructive dismissal or wrongful termination. You’ll need to act quickly to protect your rights, as there are strict time limits for claiming such claims. Speak with an employment legal matters lawyer today to schedule a consultation. We offer free phone or video conference appointments to clients across the country.