Constructive Dismissal and Employment Law
Constructive Dismissal Law
The workplace can be a stressful environment and sometimes things may go wrong. When these issues impact the health and wellbeing of employees, however, it can become a cause for concern. If you are experiencing intolerable working conditions that have made it impossible to continue in your job, it might be time to consider resigning and claim constructive dismissal compensation.
A constructive dismissal claim is an employment law issue, and is determined based on whether or not an employer’s conduct amounts to breach of contract and repudiation of an essential term of the employee’s employment contract. This is a highly fact-driven question and varies from case to case, so it is important to seek legal advice from an experienced employment lawyer.
In order to qualify as a constructive dismissal, the employee must show that they were forced to resign because of intolerable working conditions. These include:
Requiring employees to work longer hours than originally indicated. Demoting you for no apparent reason or assigning you responsibilities that you are not qualified to carry out. Taking disciplinary action against you without justification or turning a blind eye to bullying, harassment, disparagement or other types of behaviour by colleagues. Requiring you to relocate to a new location that significantly alters your commute, work-life balance and other aspects of your life.
It is also important to note that the employee must have attempted to resolve these problems with their employer before resigning and must make reasonable efforts to mitigate, or find other ways to continue in their job. This is because resigning early could potentially reduce the amount of money they are able to claim from their employer for damages under a constructive dismissal action.
Constructive Dismissal and Employment Law
The duty to mitigate is not applicable if an employee’s fixed term contract has not yet expired. However, if the employee is terminated before the contract expires due to a breach of contract by their employer, they are entitled to the remaining wages for their period of service, minus any allowances and premiums paid.
If you are experiencing intolerable working conditions or need help navigating constructive dismissal lawyer near me or other employment law issues, Achkar Law can provide guidance and support. Our team of experienced legal professionals are dedicated to providing clear, practical advice and strong representation.
To learn more about how we can help, contact us today to speak with an Achkar Law employment law lawyer. We are located in Toronto and serve clients across Ontario. We offer free initial consultations and are available to discuss your case at a time that is convenient for you. To get started, fill out our free case evaluation form below.
Throughout the process, maintaining professionalism and preserving evidence are paramount. This includes safeguarding emails, performance evaluations, witness statements, and any other documentation pertinent to the case. Such evidence strengthens the employee’s position in legal proceedings and facilitates resolution.
If efforts to resolve the situation internally prove futile, the employee may consider seeking legal advice. Employment laws vary by jurisdiction, and legal counsel can offer guidance on rights, potential claims, and the resignation process. Understanding legal options empowers the employee to make informed decisions regarding resignation.