Constructive dismissal takes place when an employee resigns due to an intolerable work environment created by their employer’s fundamental violation of the employment agreement. When this happens, many employees feel that their rights have been so deeply disregarded that they have no other recourse but to quit. This is problematic because voluntary resignation eliminates an employee’s right to termination entitlements.
Unilateral Changes to Terms of Employment
When an employer defines drastically new arrangements without an employee’s consent, this is known as making unilateral changes to the terms of employment. This applies to both express and implied terms of the contract, and these changes often lead to a breakdown in the employment relationship.
When an employer breaches the employment contract or implies that they do not intend to remain bound by the contract, an argument for constructive dismissal could be made. Breaches of express terms could include a significant pay decrease or mandatory relocation. Breaches of implied terms could include an employer not stepping in to deal with bullying or harassment, as employees have a right to a workplace free of such behaviours. Proving constructive dismissal can be difficult, however, as employers have a right to make changes to employees’ duties/responsibilities.
How We Can Help
If you feel you have been or are being constructively dismissed, it is important to seek legal advice right away. The length of time before seeking assistance can be an important factor in arguing constructive dismissal. Contact us at 519-915-4910 for assistance with the following:
- We can provide you with a discussion of your rights and obligations as well as advice on how to proceed.
- Contract Review. We can review your employment agreement to help determine if a fundamental breach of contract has taken place.
- We can file a lawsuit on your behalf and represent you throughout the litigation process.
- If factors such as discrimination contributed to your constructive dismissal, we can help you file an application with the appropriate tribunal.