Constructive Dismissal Happen Due to Breach of Employment Contracts
As the name suggests, constructive dismissal is a situation where an employee finds it no longer possible to work for their employer and therefore quits involuntarily. This can happen due to a number of different breaches of employment contracts, but in general it is where there has been a fundamental breach of an implied term of trust and confidence, which is found in all employment agreements.
For an employee to be entitled to claim constructive dismissal, the breach must be serious and must impact the overall working relationship. In order to do so, the change must be a “fundamental” breach and it must have been the last straw that led to your resignation. What constitutes a “fundamental” breach will depend on the circumstances of your case. Generally speaking, your compensation, role and duties will be considered to be a fundamental term of your contract, but there are other things that could be considered as well. For instance, being moved from one location to another may not be a fundamental breach, but if it is clear that moving you will significantly diminish your reputation or position within the company, it could be.
The other thing that is important for an employee to consider before they resign from their job, is that they must give their employer a reasonable period of time to remedy the change. This is because if you leave too quickly, your employer may argue that you were acquiescing to the change and did not feel compelled to resign in protest. Similarly, if you are entitled to receive unemployment benefits and you quit your job without another job lined up, this will leave a black mark on your record that will be taken into account by future employers.
Can Constructive Dismissal Happen Due to Breach of Employment Contracts?
It is also very important to note that you must have made attempts to resolve the issue before resigning in order to avoid waiving your entitlement to claim constructive dismissal. This can include expressing your concerns, communicating with your manager about the issue and trying to find an alternative solution. Having records of this communication can help you support your claim.
Depending on the circumstances of your case, an experienced Toronto Constructive Dismissal Lawyer can assist you in bringing forward a strong claim for constructive dismissal toronto. These lawyers have handled many cases and understand what is required to protect your rights. They can assist in preparing documents, filing claims and navigating the court system.
If you need assistance in dealing with a breach of employment contract, speak to an experienced Toronto Constructive Dismissal Attorney at Benjamin Law. Contact us today to schedule a free consultation. Our firm specializes in employment law, wrongful termination, human rights, workers’ compensation, post-employment competition, restraint of trade and fiduciary obligations, and labour laws. Our team of dedicated professionals is ready to serve you and your needs. Ball Professional Legal Corporation is located in Toronto, Ontario. Our practice includes wrongful dismissal, unjust dismissal, human rights, labour law, sexual harassment, workplace disputes and various related areas of litigation.
