Responsibilities in Constructive Dismissal
A constructive dismissal is an extreme form of workplace discrimination that can have repercussions for both professional and personal lives. The loss of employment can have a serious impact on an individual’s financial well-being, health insurance coverage and mental health. When this is the result of an employer’s unreasonable behaviour, it can be a cause for legal action.
In most cases, employers are protected by the at-will employment relationship. This means that an employee can be terminated at any time with or without notice and for any reason. However, there are certain circumstances in which an employer may be held liable for a constructive dismissal claim.
The law defines a constructive dismissal as a sudden and significant change to an employee’s working conditions that makes it intolerable to continue the employment contract, thereby causing the employee to quit in frustration. This type of situation often occurs in the form of intolerable behaviour from an employer, but it can also happen as a result of a serious breach of the terms and conditions of an employment contract.
It is important for employers to understand the difference between a breach and a constructive dismissal, as there are strict timelines for taking legal action. In addition, if an employee is successful in proving constructive dismissal, they may be entitled to severance pay and damages.
Employer Responsibilities in Constructive Dismissal
Generally, an employer can change their policies and procedures or upgrade to new technology, but they cannot change the fundamental nature of an employee’s job. For example, an employer may change the layout of a work space or implement new training but they cannot force employees to work in a different location or during high-pressure periods.
If an employer makes significant changes to an employee’s position, they must first obtain consent or offer incentives for the change. Alternatively, they can seek legal advice from a Toronto Constructive Dismissal Lawyer to develop risk-minimizing solutions. Paulette is skilled in finding creative out-of-the-box solutions that help employers meet their objectives and mitigate legal risks for employees.
Substantial changes to an employee’s established job duties can be grounds for a constructive dismissal Toronto. These include any changes that are not considered a demotion, such as a decrease in compensation or the loss of a benefit. It can also include a move to a different work location that significantly alters an employee’s commute or working environment.
If you believe you have been constructively dismissed, it is important to consult a Toronto Constructive Dismissal lawyer as soon as possible. Bune Law can review your situation and explain your rights and options, including severance packages and damages. We can even negotiate with your employer to ensure you receive maximum severance pay compensation. Contact us today to schedule a consultation with our experienced employment lawyer. The call is free and confidential. We represent clients throughout Ontario, including Toronto, Scarborough, North York and Etobicoke. We can meet with you at your office, home or another location that is convenient for you.
