Grounds for Constructive Dismissal
The term ‘constructive dismissal’ is a common phrase used to describe the situation where an employer’s actions make working in a particular job so intolerable that the employee feels they are forced to resign. It is usually a serious breach of the implied terms of trust and confidence in all employment contracts and can include many different forms of behaviour. These can include demotions, a reduction in salary, a re-assignment to menial or degrading work, a reassignment to work under a younger supervisor (used in age discrimination cases) and even a hostile working environment caused by bullying or other forms of harassment.
If you have been constructively dismissed, you are entitled to compensation from your employer. However, it is not easy to prove that this was the case, and only around 5% of claims succeed in winning compensation at tribunal.
There are a number of factors that must be taken into account when deciding whether the circumstances were sufficient to meet the requirements for constructive dismissal, including how much the conduct or situation affected you and your ability to continue working. The most important factor is whether the change to your working conditions was so severe that a reasonable person in your position would feel that it was a repudiation of an essential term of your contract. This is a legal test that involves a two-part analysis:
Finding Out the Grounds for Constructive Dismissal
First, the employer’s unilateral change must be found to constitute a breach of a specific term of your contract. Second, if this is found to be the case, the change must also be found to be detrimental to you.
An example of this might be a company that insists on meeting sales targets, and fails to provide adequate staffing levels in order to do so. This can lead to employees working long hours, and in some cases, even getting ill due to the stress of trying to meet these unrealistic expectations.
Generally, you have to resign immediately after the breach occurs. If you do not, your employer may argue that you resigned for another reason, or that you have accepted the behaviour and acquiesced to it.
Persistent harassment, discrimination, bullying, or other forms of misconduct by colleagues, superiors, or the employer can render the work environment hostile. If the employer fails to address these issues adequately despite complaints or reports, the affected employee may have grounds for constructive termination.
If you think your employer has acted in a way that makes you feel you have to leave your job, you should contact Bune Law to speak with a Toronto constructive dismissal lawyer. We will review your situation and advise you of the strength of your claim, and help you put together a strategy. We can also discuss the funding options available for your case, including no win no fee arrangements. You will only be required to pay our fees if you are successful in your tribunal claim or settlement. Contact us today to book a consultation.
