Legal Aspects of Constructive Dismissal
A claim for constructive dismissal is an employment law matter based on a fundamental breach of the implied term of trust and confidence in all contracts of employment. Whether an employer has committed a repudiatory breach will be determined by an employment tribunal based on the facts of each case. Generally, the breach must have made it intolerable for the employee to carry out their work, and this may be based on more than just one incident.
A constructive dismissal claim usually arises when an employee feels they cannot continue to work with their employer in the current working environment. This is a difficult claim to prove, since employees are presumed to be employed in an at-will employment relationship and can be dismissed at any time with or without cause. An employment lawyer can assist in proving the claims of a constructive dismissal.
Typical cases of a constructive dismissal involve major changes in employment terms such as salary, hours, duties, and location. An employer must be aware of the risks of a constructive dismissal claim, and proactively ensure that changes to employment terms do not have an adverse impact on the worker. This can include seeking consent from workers before making changes, or attempting to resolve issues in the workplace through internal channels.
What Are the Legal Aspects of Constructive Dismissal?
An example of a constructive dismissal lawyer would be an employer who reduces an employee’s salary without providing any explanation or justification. This could make it impossible for the employee to meet their financial obligations, including mortgage payments, and as a result, they feel they have no choice but to quit.
If the employee resigns, it is crucial that they do so within a reasonable time of the conduct alleged. This will help to establish that the resignation was a result of the intolerable conditions, and not simply a result of their inability to find another job. It is also beneficial to show that the employee made attempts to resolve the situation through internal channels before resigning.
Constructive Dismissal is a very difficult claim to make, and many employers will attempt to defend these claims by arguing that the circumstances surrounding the resign were not intolerable. This is particularly true if the employee is unable to provide evidence that the intolerable conditions were a result of a breach of employment laws such as human rights, occupational health and safety, or harassment legislation.
Ball Professional Corporation routinely handles employment law matters, including wrongful termination and constructive dismissal. We are located in Toronto, Ontario and serve clients across Canada. Contact us to see if we can assist you with your claim. The deadlines for submitting a constructive dismissal claim vary by state, so it is important to act early to ensure you have sufficient time to file a claim. We can help you to determine if you have a valid claim and will advise you on the best strategy to move forward. For more information, contact Stacey Ball at Ball Professional Corporation.