constructive dismissal in canada
If you feel that your employer has treated you unfairly or acted unreasonably, you may have grounds for a constructive dismissal claim. This is a legal term used to describe circumstances in which an employer violates an employee’s employment contract by making significant changes to work conditions that render it intolerable and make it impossible to continue working. The changes are so significant that the employee feels they have no choice but to resign, effectively terminating their employment. The resigning employee is then entitled to severance pay or termination pay in lieu of notice, just as if they were terminated by their employer.
There are various factors that can be taken into consideration when determining whether or not the employee was constructively dismissed. The most important factor is the degree to which the changes were significant and unilateral, meaning they were implemented without the employee’s consent or input.
Other important considerations include the extent to which the change impacted working conditions, the availability of similar employment opportunities and the length of time the employee has been employed at their current job. The amount of the compensation for a Constructive Dismissal is usually determined by the minimum reasonable notice period set out in the Employment Standards Act, but it can be influenced by an employee’s age, length of service, their job role and the availability of similar employment in the local labour market (i.e., a Vice President would typically be compensated more than a fast food cashier).
constructive dismissal in canada about constructive dismissal
Generally, to be able to claim constructive dismissal, the employee must have resigned shortly after the unreasonable situation was imposed on them. The rationale behind this is that if an employee continues to work in the workplace after an unacceptable situation has arisen, they have implicitly agreed to or condoned the changes that are being made and will be unable to successfully pursue a constructive dismissal claim.
While it is not possible to force an employer to reinstate you if you have been constructively dismissed, there are steps you can take to protect your rights and ensure that your claim is valid. If you are concerned that your employer has breached an employment agreement, it is important to discuss your case with a constructive dismissal toronto Lawyer immediately.
The lawyers at Achkar Law specialize in helping employees and employers understand their rights and obligations under Ontario employment law. Our team is dedicated to providing clear and practical advice, as well as strong representation to help our clients achieve positive outcomes in their workplace situations. If you are experiencing an employment-related issue, we encourage you to contact us for a free consultation. Our firm provides no win no fee agreements, so you can be confident in knowing that you will not be responsible for any costs if we are not successful in securing a positive resolution to your case. Contact us today to book a consultation with one of our experienced Toronto employment lawyers.
