is constructive dismissal considered compensation

constructive dismissal considered compensation

You can be constructively dismissed when your employer makes a negative change to your employment terms, resulting in intolerable working conditions that you cannot continue to work under. These changes can include reduced pay, a move to another location, a change in job duties and responsibilities, and other significant changes. However, you must have at least two years of continuous service before you can file a claim for constructive dismissal.

You should try to communicate with your employer formally about the changes, including any concerns you have that the changes may constitute a breach of contract. It is best to use clear and concise language in this communication, and to keep a detailed record of the communications. You can also choose to communicate with your employer through an intermediary, such as a solicitor or union representative, so long as the communication is clearly documented.

If you have not been able to resolve the issue through formal communication with your employer, or if you feel that the change has constituted a breach of your employment contract, you can decide to treat yourself as having been constructively dismissed and resign from your position. This allows you to claim compensation from your employer for the termination of your contract, which is calculated based on your age and length of service, and your weekly pay. The compensation award can also be supplemented by any financial losses incurred by you because of the breach, such as loss of opportunities or increased rent costs due to having to find new accommodation.

is constructive dismissal considered compensation

In addition to monetary damages, a successful constructive dismissal lawyer claim can help protect your reputation as an employee. You will likely be able to prove that your employer’s actions have damaged the morale of the workplace, leading to poor employee performance, and a negative perception of the company overall. This can impact recruitment, customer trust, and staff morale.

Whether you are seeking a basic or compensatory award, it is essential to speak with an experienced wrongful dismissal lawyer as soon as possible. Haynes Law Firm regularly strategizes with employers to help them implement workplace changes while mitigating their liability and ensuring that employees’ needs are met.

Although it is difficult to establish constructive dismissal, there are certain factors that must be present for an employee to qualify as such, such as a fundamental breach of contract by the employer. The breach must be deemed serious enough to make the worker consider their employment intolerable, and they must resign in response to the breach. This is in contrast to a statutory termination such as a layoff, where a worker is simply allowed to terminate their contract if they are not offered alternative employment.

If you believe that you have been subject to a constructive dismissal, contact our office to speak with one of our Toronto-based employment lawyers for further assistance. We offer a free consultation to discuss your case. We will provide you with the legal advice you need to understand your rights and obligations, and the best course of action to pursue.

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