Valves Constructive Dismissal
The concept of constructive dismissal is a key aspect of employment law that can be complicated to understand. It can be triggered by many different events, but one of the most common is when an employer creates intolerable working conditions for an employee. This could include, but is not limited to, significantly deteriorating work environments, workplace bullying and harassment, and retaliation for whistleblowing or reporting illegal activity. It can also be triggered by an unreasonable change to an employee’s salary or a reduction in holiday entitlement.
It is important to note that this discussion only applies to non-unionized working environments; in unionized work settings, employees may be protected by the terms of their collective agreements and grievance processes. Ultimately, in order for an employee to successfully claim constructive dismissal, there must be a breach of a fundamental express or implied term of their contract and the resignation must follow promptly as a result.
In order for an employee to be successful in a constructive dismissal claim, they must prove that their resignation was a consequence of intolerable working conditions created by the employer. This can be very difficult to do and many tribunals find that an employer’s actions do not amount to a breach of contract if the circumstances were not serious enough or if the employee did not report the situation to their supervisor in sufficient time before leaving.
What Valves Constructive Dismissal?
This is why it is very important for employees to document any instances of misconduct by their employers and to seek advice from an employment lawyer before taking action. It is also important to try and resolve issues with an employer prior to resigning in an effort to avoid a claim of constructive dismissal lawyer.
As well, resigning too soon can be a significant problem in a constructive dismissal case as it will often mean that the employee has implicitly endorsed their employer’s behaviour by continuing to work under them. This can be particularly problematic when claiming damages for wrongful dismissal as the loss incurred is calculated based on the money that the employee would have earned in their job for the period of time that they were employed.
Another issue that can void a constructive dismissal claim is where the employer was able to fire the employee in question under other employment laws, such as retaliation or worker safety violations. In this scenario, the employee will not be entitled to any compensation for their loss.
If you think that you are experiencing a constructive dismissal, it is important to speak with an employment lawyer at Achkar Law to ensure that your rights are protected. We are a firm that specializes in helping both employees and employers understand their rights and obligations under Ontario’s employment laws. We can help you determine if your employer has committed a fundamental breach of contract and can help you get the compensation you deserve. Contact us today to book a free consultation with one of our experienced lawyers.
