Constructive Dismissal Examples

Constructive Dismissal Examples

The wrongful termination of an employee is a serious issue that can have long-term consequences for the victim. This is especially true if they have to spend a lot of time looking for a new job or can’t find one at all. It also has the potential to harm their reputation since many people believe that employees who quit without another job lined up are doing so because they are unhappy with their employer and will quickly find new employment opportunities elsewhere.

However, the reality is that the vast majority of cases involving constructive dismissal involve very legitimate grounds for the claim. These include any number of actions by the employer that make it impossible or unworkable for the employee to continue working in the workplace and that cause the employee to resign as a result.

In general, there are two basic types of behaviour that can qualify as constructive dismissal: (1) a fundamental breach of the implied term of trust and confidence in every contract of employment; and (2) a fundamental change to an express or implied term of the employee’s employment contract. The former can be proved by a simple violation of an explicit term, such as when the employer cancels a benefit, eliminates a defined job role or responsibilities, reduces salary, alters work conditions, etc. The latter can be proven by a more insidious type of action, such as a prolonged pattern of harassment or discrimination.

Constructive Dismissal Examples

Examples of constructive dismissal toronto include demotions for no apparent reason, taking disciplinary action against an employee without justification and reducing their pay, changing the job responsibilities or reporting functions within the hierarchy, requiring them to relocate, or other changes that significantly affect an employee’s work life and overall quality of life. The employer must have made these changes unilaterally and they must have been significant enough to be considered a fundamental breach of their employment contract.

The damages for constructive dismissal can be quite high, particularly when punitive damages are awarded. This is designed to show that the conduct has been deemed to be unacceptable and to deter employers from committing similar offences in the future.

Despite the fact that it may seem straightforward to prove that your employer has committed constructive dismissal, the fact is that it can be difficult to do so. It’s important to get the help of a lawyer with experience in these matters.

If you have left your job voluntarily and feel that your employer’s actions were the direct cause of your resignation, contact our office to speak with an experienced lawyer. We can advise you of your legal options and discuss the possibility of pursuing a wrongful dismissal case on your behalf.

We are a firm of employment lawyers based in Toronto, Ontario. We represent employees with claims of wrongful termination, including constructive dismissal, throughout the GTA. To arrange a consultation, call us or fill out our online form. If you are unable to travel to our office, we can also provide you with telephone or Skype consultations.