Constructive dismissal
Employees who are constructively dismissed may be entitled to a variety of damages including severance pay, lost wages and benefits, and, in rare cases, reinstatement. However, there are strict time limits on taking legal action and a successful claim can be difficult to prove. It is therefore important to seek legal advice as soon as possible. Contact Achkar Law today to book a consultation with our experienced Toronto employment lawyer.
constructive dismissal is when an employer breaches a fundamental term of an employee’s contract and so makes it impossible for them to continue working there. These breaches can include either an explicit or an implied term of the employment contract. The breach does not have to be a single act or omission; rather it can be a pattern of behaviour that makes the workplace intolerable. Examples of this would be a sudden cut to salary or benefits, or a dramatic change in an employee’s job duties and reporting functions within the company hierarchy.
An employer can also breach an implied term of the contract by failing to maintain safe working conditions, or by refusing to allow an employee to work from home (unless it is required by their contract). However, it is difficult for an employee to make a claim for constructive dismissal on the basis that their employer has breeched an implied term when there is no written evidence of this.
Constructive dismissal consequences?
It is vital for employees to take contemporaneous notes of the poor treatment they suffer at work. Keeping a diary of the dates, times and details of every instance will help support an employee’s case for constructive dismissal toronto. A failure to follow the employer’s normal grievance procedures can also lead to a claim for constructive dismissal, particularly if an employee feels that their complaint is not taken seriously enough or that their boss does not believe them.
The last element that is crucial to a constructive dismissal claim is the employer’s knowledge of the intolerable working conditions. If an employee resigns in response to the breach and they do so too quickly, this can be interpreted as them condoning the breach and they could lose their right to make a claim for constructive dismissal.
Employees who believe they have been constructively dismissed should consider submitting a formal grievance to the Employment ACAS. This will open up the option for them to reach a settlement through conciliation – which is usually cheaper and faster than going to an Employment Tribunal. The claim must be made within 90 days of the date on which the employer’s breach first occurred or came to the employee’s attention. This is a strict deadline and it can be difficult to meet, so it is imperative that an employee seeking legal advice as soon as possible. Paulette Haynes and her team of Employment lawyers at Haynes Law Firm regularly consult with employers facing changes to their workplace, to design and implement tools for managing their employees that mitigate their liability for claims of constructive dismissal. They can also shadow their employer clients to identify potential issues and develop strategies that are effective and easy to implement.
