Claim For Constructive Dismissal
A claim for constructive dismissal is brought when an employee feels they have been forced to quit their job against their will because of the conduct of their employer. This is a breach of contract and, if it can be proved at an employment tribunal, the employee will be entitled to compensation.
This compensation is usually in the form of severance pay and lost earnings. In some cases, if the employer can be shown to have acted unreasonably and caused distress, they may also have to pay punitive damages.
In order to qualify as a constructive dismissal, the employee must have been employed for at least two years. It is crucial to seek legal advice if you believe that your employer has breached the terms of your employment contract. An experienced Toronto employment lawyer can help you understand your rights and take the necessary steps to protect your interests.
If you decide to make a constructive dismissal claim, it is important to consider whether the breach of contract was serious enough to force you to quit. If the change to your working conditions was not fundamental, it is unlikely that you will be able to prove constructive dismissal. A court or employment tribunal will take into account what a reasonable person would think of your working environment and the treatment you receive from your employer.
A Claim For Constructive Dismissal – What You Should Know
The type of changes that are considered to be fundamental can vary depending on the nature of the work and the employee. For example, if you were working in a very specific and specialist field, it is unlikely that a change to the way your work was done would be viewed as being fundamental. However, a general rule is that a change to an employee’s work conditions can be deemed to be constructive dismissal Toronto if it is a significant and significant change.
You should always raise any issues you have with your employer, if possible. This should be done as soon as the problem arises and before you resign from your job. You can raise this issue with a supervisor or manager or you can contact the human rights commission, your local jobs and benefits office/JobCentre. It is important to do this because if you resign before the actual breach of your contract occurs, it may be difficult to prove that your resignation was a result of the breach.
In a case of constructive dismissal, you will need to demonstrate that your employer breached the implied term of trust and confidence that exists in all contracts of employment. This can be a single serious incident or a series of incidents that, when taken together, amount to a significant breach.
If you have a successful constructive dismissal claim, an employment tribunal will judge how much severance pay you are owed and the loss of earnings that has occurred as a result of the termination. They will also consider any other losses you have incurred and these are calculated in accordance with the Employment Rights Act 1996.
