Constructive Dismissal Differ
Unlike wrongful termination, which involves firing an employee, constructive dismissal occurs when an employer forces an employee to quit their job by creating intolerable working conditions. There are many different ways a constructive dismissal can occur, including significant changes to an employee’s duties or work location, or demotions that reduce the prestige of a position. Additionally, issues related to workplace harassment and failing to provide a safe workplace can also lead to a claim of constructive dismissal. It is crucial for employees to pay attention to any workplace concerns and take action when necessary.
The definition of constructive dismissal involves a breach of the implied term of trust and confidence, which is included in all employment contracts. It is most often argued that this breach occurs when an employer makes changes to an employee’s job that make it so intolerable that they are left with no choice but to resign. This type of situation is not limited to senior management, and it can affect any level of staff.
To be a breach of the implied term of trust, the change must be fundamental and go to the heart of the contract. The change must be to either an express contractual term – those written down in the employee’s contract of employment – or a non-express, implied contractual term. A common example is when an employer breaches a contractual duty to pay overtime wages or takes away a contractual benefit. Another instance of constructive dismissal is when an employer violates a clear mandate of public policy. This includes retaliating against an employee for raising a grievance, or refusing to address safety and health concerns.
How Does Constructive Dismissal Differ From Wrongful Termination?
It is important for employers to avoid making any major changes to an employee’s duties or work locations unless they have consent from the employee in writing. Employers must also follow the law with regards to severance pay, which is determined by the length of time required under minimum standards set by the Employment Standards Act (“ESA”).
Ultimately, to be considered constructive dismissal lawyer near me, it is essential that an employee object to any substantial changes within a reasonable period of the event. If an employee fails to do so, they may be deemed to have agreed with or acquiesced to the change, and therefore forfeit their right to claim wrongful dismissal.
Paulette Drinovz is an experienced Toronto labour and employment lawyer with a focus on workplace law. She helps her clients navigate difficult situations by offering strategic solutions that meet the goals of both parties and minimize the risk of legal complications. She is an effective negotiator, and has negotiated numerous settlement agreements between her clients and their employers. She is well-versed in statutory requirements regarding severance payments and notice periods, and can assist her clients with calculating their entitlements. She is a frequent speaker at seminars on workplace law and is committed to helping her clients thrive in their careers by supporting them in reaching their career goals.