Workplace Policies and Constructive Dismissal
Policies and Constructive Dismissal
A constructive dismissal claim is one where an employee resigns from their job due to severe changes made by their employer that make the workplace intolerable. This can include a significant negative change in an employee’s position, remuneration, work environment or the terms of their employment contract. These negative changes can also be the result of a serious breach of an implied term in their contract or a serious breach of trust. It is important to understand that it can be difficult to prove a constructive dismissal case and that an employee should seek legal advice as soon as possible and in the earliest opportunity.
Workplace policies play an important role in constructive dismissal cases as the law recognises that some aspects of the working relationship are not enforceable through an employment contract. Instead, these relationships must be governed by common law principles such as fair dealing and reasonableness. As a result, many workplace disputes are resolved through negotiations, often culminating in a settlement between both parties. Employment lawyers can be a valuable resource in this process by helping to understand the underlying issues and assisting in the negotiation of a satisfactory resolution.
The most common way to get constructive dismissed is where an employer makes a significant negative change to an employee’s position, remuneration, or the working conditions of their job without their consent. This can be a fundamental change to a key express term of their contract or a significant breach of an implied term. The law does not allow employers to make minor, inconsequential changes and the onus is on an employee to show that a significant negative change is sufficient to justify resignation as a result of the repudiatory breach.
Workplace Policies and Constructive Dismissal
In addition, an employer may also make a breach of an implied term by causing a serious detriment to the employee’s ability to perform their job. This can be in the form of harassment or discrimination and it is generally more serious than a simple negative change to an employee’s employment terms. In the case of discrimination, it may involve making derogatory comments about the employee’s racial or cultural background.
It is not uncommon for an employer to deny that there has been a constructive dismissal toronto and take the view that they are responsible for an employee’s decision to resign. This argument will usually be based on an allegation that the employee was under a duty to mitigate by remaining in their position and seeking alternative re-employment. This is a dangerous line of reasoning and it can be defeated through expert evidence on the facts of the case.
An experienced Toronto Constructive Dismissal lawyer can help guide employees through the process of proving a constructive dismissal claim. They can assist in the preparation of evidence such as emails, letters and documents and help an employee to determine if they are entitled to compensation. If a constructive dismissal claim is successful, an employment lawyer can negotiate a reasonable settlement between the employer and employee which typically includes notice pay and/or severance pay.