where constructive dismissal is more common?
You may hear the term ‘constructive dismissal’ thrown around quite often, but it’s important to understand the definition before you decide to take legal action. Constructive dismissal is when your employer’s actions or substantial alterations to your job make it impossible for you to continue working. This is different from wrongful dismissal (termination without cause), as constructive dismissal goes to the core of the employment contract and the terms of your work. This is why it’s vital to consult with a Toronto constructive dismissal lawyer near me before making any moves.
In non-unionized workplaces, the term constructive dismissal is used when a change to an employee’s duties or working environment makes it impossible for them to work at their job. This is a common issue in the retail, manufacturing, and technology industries, as well as many other types of companies. These types of workplaces are usually governed by union contracts, and so workers’ concerns are addressed through their unions rather than through a civil lawsuit. However, this does not mean that these employees are protected from constructive dismissal claims, which is why it’s important to consult with an experienced employment law lawyer if you think you have been wrongfully dismissed.
There are two ways that an employee can claim constructive dismissal: 1) by showing that there was a fundamental and significant change to the express or implied terms of their contract, or 2) by demonstrating a course of conduct or single incident that shows an intention not to be bound by the terms of their contract. Explicit or implied terms of the employment contract include things such as an increase or decrease in salary, and any reduction of benefits entitlements, as well as the length of notice an employee must receive when being terminated. It is also possible for an employer to breach an implied term of the employment contract, which can include things such as discrimination, harassment, and unsafe work conditions.
Are there industries where constructive dismissal is more common?
Generally, an employer can be found to have breached a term of the employment contract by substantially changing or eliminating an essential term of their employee’s position, or by demonstrating a clear intention that they no longer wish to be bound by the term of the contract. The change or intention must be deemed unreasonable and unjust, and this can include things such as the employer requiring that an employee report to a regulatory body that is outside of their jurisdiction.
In addition, a number of other factors can trigger a constructive dismissal lawyer claim, including a significant alteration in the job duties, the requirement to travel for work, relocating an employee to a new location that makes their commute or family obligations difficult, and changes to shifts or hours that make it impossible to balance work with home life.
It’s important to note that these factors must be viewed together, as it is unlikely that one factor would have triggered a constructive dismissal. Typically, the law entitles employees who have been constructively dismissed to compensation, which includes notice pay and severance pay. This amount is usually determined based on the employee’s age, position, and length of service.
