Are There Legal Remedies for Constructive Dismissal?
Legal Remedies for Constructive Dismissal
A person may feel they are being constructively dismissed if their employer’s actions are making it impossible for them to carry out their work. This can include reducing the number of hours they are expected to work, changing their job duties, preventing access to equipment or materials, or removing them from their workspace. It could also be the result of harassment or intimidation by a supervisor or coworker that goes unchecked and is making it intolerable to work.
An employer who makes such a change, or acts in any of the ways listed above, has committed a breach of employment law and can be found liable for damages for wrongful dismissal. However, it is important to note that there are a few things that must be proven in order to make a claim for constructive dismissal.
The first is that there was a breach of contract. This is difficult to prove as a matter of law, as courts will often view a contract as being “at-will” (meaning it can be terminated at any time) unless there is clear and unambiguous evidence that the contract was amended to impose new terms before it came into effect or that an employer was not acting within their rights. In a non-unionized workplace, the best way to avoid a constructive dismissal claim is for employers to treat employees with respect. This is important to maintain a healthy working environment and can help limit an employee’s ability to make such claims in the future.
Are There Legal Remedies for Constructive Dismissal?
There is also a requirement that an employee has tried to mitigate the impact of the changes on them. This includes a reasonable effort to seek alternative employment, such as contacting other employers in the industry, even if they are not interested in hiring them. In some cases, the duty to mitigate can be imposed on a person who has been constructively dismissed as a means of limiting their liability for damages.
Another thing to remember is that a person must have made their employer aware of the intolerable working conditions before they decided to resign. This means they have to speak to a manager or other person in authority about their concerns and give them an opportunity to resolve the issue before taking action.
The final point is that a person has to have suffered financial loss as a result of their decision to leave the job. This is usually measured in terms of how much their lost earnings were, as well as the cost of any training or relocation expenses that were necessary to find a new position.
A Toronto constructive termination lawyer can review the facts of your case and determine the strength of a claim for wrongful termination. Bune Law is known for its strategic problem-solving skills, and we frequently work alongside employers to develop tools that will minimize the risk of liability in a situation like this. Contact us today to schedule a consultation with our Toronto employment lawyers.