Constructive Dismissal versus

Generally, an employee can only make a constructive dismissal claim if they have been made to feel so unwelcome at work that they felt no choice but to leave. This type of claim is a form of breach of contract, which can entitle an employee to compensation.

There is no definitive rule on what constitutes a change that can trigger a constructive dismissal as every case has its own unique set of circumstances. However, a few examples of changes that may qualify include:

One example is when an employer reduces an employee’s pay. This can be done without renouncing their employment contract or breaking the law; it could simply mean that they have reduced your salary to below what is in the contract.

Another common example is when an employer demotes an employee. This can be done by either moving you from a higher role to a lower one or by changing your reporting relationship. The change must be significant enough that it would have an adverse impact on your job and career.

An employer can also violate the constructive dismissal toronto law by making intolerable working conditions, which must be demonstrated to have been a substantial factor in your decision to quit. This is typically something that happens over a period of time, but can be attributed to a single incident if it was particularly egregious. An employer can also be held liable for harassment, which must be proven to have been a substantial factor in your decisions to quit.

Constructive Dismissal versus Wrongful Dismissal

The difficulty of proving a constructive dismissal claim often lies in determining whether or not your employer knew about the intolerable actions and/or working conditions that led you to resign. The more evidence you have that your employer had knowledge of the poor working conditions, the stronger your case will be. This could be through direct statements, witness testimony, or HR reports; it is also helpful to have documentation of the alleged intolerable working conditions.

If you believe that your employer has violated your employment contract and you are considering resigning as a result, it is important to seek legal counsel immediately. An experienced Toronto constructive dismissal lawyer can help you understand your situation and assess if it is worth pursuing. At Bune Law, we can review the details of your case, determine if you have grounds for a claim, and guide you through the process. Contact us today to schedule your consultation with our team.

We are a group of strategic problem solvers and can develop risk-minimizing solutions that allow you to meet your goals while protecting your rights. The sooner you get in touch with us, the better your chances of success. We will work with you to find the right solution, whether that be negotiating a severance package or taking your employer to court. We offer a free consultation to all of our clients, so you have nothing to lose by finding out how we can help.