Is Constructive Dismissal a Breach of Employment Law?

Constructive Dismissal a Breach of Employment Law

Constructive dismissal is a breach of an employee’s employment contract, and an employer who commits this type of breach may be required to pay the employee monetary compensation. A constructive dismissal claim can arise as a result of both explicitly stated and implied terms in an employee’s contract, though the latter is often more difficult to prove.

The employer’s actions must be unilateral and significant. The change must substantially alter an essential term of the contract, and it must be so substantial that an objective observer could reasonably conclude that the employee was compelled to resign as a direct result of the changes.

Changes in workplace conditions, including but not limited to, restructuring, layoffs, and redundancies, may be a cause for a constructive dismissal claim. These types of changes are typically accompanied by an effort to cut costs and/or eliminate jobs, which can be very stressful for employees.

Unfair treatment and excessive workloads, such as when management places unreasonable pressure on employees to meet sales goals without providing adequate staffing or resources to do so, can also lead to a constructive dismissal claim. In many cases, these situations can have serious health implications for the employees involved.

Is Constructive Dismissal a Breach of Employment Law?

It must be the last straw. For example, Jane was an employee at a marketing firm for three years and enjoyed her job. However, her manager began to criticize her frequently and unfairly. Eventually, this behavior became too much and she was compelled to resign as it was no longer tolerable.

To avoid a constructive dismissal claim, it is important to time your resignation so that you can take the appropriate steps to find a new position. However, in some cases this is not possible, and you may be faced with the choice of resigning from your current job or taking legal action against your employer for breach of contract.

An effective way to avoid a constructive dismissal lawyer claim is to ensure that all relevant parties consent to any changes to employment terms. This can be accomplished by seeking explicit written permission for any changes, as well as offering incentives to employees who agree to the changes voluntarily. It is also a good idea to conduct regular training sessions on employment law and the consequences of breaching an employee’s contract.

If you feel that you have been subjected to any of the above circumstances, or are unsure whether your employment situation meets these criteria, contact Bune Law today to speak with one of our experienced Toronto constructive dismissal lawyers. We will review your situation and help you devise an appropriate strategy for moving forward. We offer free consultations and do not charge any fees unless we win your case. Call us to get started. We can be reached at 416-520-5011. Alternatively, you can fill out the online contact form and we will respond shortly.