Constructive Dismissal in Canada
The concept of constructive dismissal in canada is closely related to wrongful termination. It involves a situation where an employer makes significant changes to the important elements of an employee’s job without their consent, thus causing them to consider their employment terminated and seek damages. This can include a variety of things, such as major reductions in pay, a change in working hours that conflicts with family commitments, and even demotions or changes in work locations.
When it comes to determining whether or not an employer has committed constructive dismissal, the courts typically look at a combination of factors including a change in working conditions that is so substantial and unreasonable that it amounts to a repudiation of the employment relationship. This often entitles the affected employee to a comparable severance package as would be given in a case of wrongful termination. This compensation is usually based on the minimum notice requirements under the Employment Standards Act, 2000, but can also be impacted by the type of role, length of service and availability of similar employment in the local job market.
It is essential that any employees who believe they may have been the victim of a constructive dismissal do not make any rash decisions such as resigning their position and seeking damages without first receiving guidance from an experienced Toronto Constructive Dismissal Employment Lawyer. There are very specific time limits within which any legal action must be taken and doing so without the help of a skilled lawyer is often very risky.
What is Constructive Dismissal in Canada?
An experienced Toronto Constructive Dismissal lawyer can review the circumstances of the changes in an employee’s employment and determine if they can prove that the change was a significant breach of the terms of their employment contract, and therefore amounts to a termination. They can help them to develop a strategy for taking the matter to court, which might include gathering relevant evidence such as correspondence, notes and witness testimony.
In addition to proving that the employer had breached their contract, the claimant will need to show that they suffered a financial loss as a result of the change. This loss will be the difference between what was promised in their contract and what they received, and it might include a loss of income in addition to any severance pay they are entitled to under their contract.
An experienced constructive dismissal Toronto Lawyer can also review the terms of an employment contract and determine if there are any enforceable provisions that might prevent an employee from making a constructive dismissal claim. While this is a serious claim to bring, there are less risky ways for an employee to protect their rights and interests, such as negotiating a severance package with their employer. If you are unsure about your options, consult a Toronto constructive dismissal lawyer at Bune Law for a free consultation. We will review the details of your situation and advise you on your options, strengths and weaknesses.
