Constructive Dismissal

The term constructive dismissal is a legal concept that involves a breach of an employment contract by an employer that makes an employee’s work environment so intolerable that they feel compelled to resign. A claim for constructive dismissal can be a complicated matter and requires a thorough investigation by an experienced lawyer to determine if there are any grounds for a lawsuit.

If there are, the court will then examine whether the employer’s actions amounted to a “substantial change” that would cause a reasonable person to feel so compelled that they were no longer working in good faith. The definition of a “substantial” change is fairly broad and may include changes to your compensation, your role and duties, your reporting structure, and other elements that are considered fundamental to the employment relationship.

It is important to note that it must be clear that the employer’s conduct was a “substantial change” and that you were compelled to resign as a direct result of this change. If the change was more subtle and occurred over a long period of time, it may be difficult to demonstrate that you felt compelled to resign in response. Additionally, if you do not resign promptly, it could be argued that you have acquiesced in the behaviour and therefore have effectively waived any contractual breach.

Grounds for Constructive Dismissal

An employer’s conduct will typically be considered a breach of an implied term of trust and confidence, which is found in all contracts of employment. There are also specific statutory provisions that provide additional protections. These may include provisions related to anti-discrimination and occupational health and safety.

A resigning employee must have a reasonable alternative job in mind when they resign. This is an essential element because a person who is not in the position to find a new job can risk losing Jobseeker’s Allowance payments or being seen as unsuitable for future employment (even if they have another job lined up).

Finally, it is important to note that a claim for constructive dismissal toronto cannot be made in cases where the employee was fired in accordance with their employment contract. It is also important to note that a complaint will be viewed more favourably if it is made before the alleged breach occurs.

A Toronto constructive dismissal lawyer from Bune Law can review your situation and assist you in determining the strength of your case. Call us today to schedule a consultation and discuss your options. The consultation is free of charge. If you are successful in proving your case, the lawyer can then negotiate a settlement or file a lawsuit on your behalf. This will ensure that you are fairly compensated for the loss of your employment. This is a valuable step in protecting your rights and it is important to take action as soon as you believe that your employer has committed a serious breach of the contract. This will help to protect your finances and career in the short and long-term.