Constructive Dismissal Motion Conclude
A constructive dismissal is a legal claim against an employer that a worker can bring when their working conditions have become intolerable. It is often accompanied by a statutory obligation on the part of an employer to pay compensation to the employee, including notice or payment in lieu of notice. Constructive dismissal claims are a serious matter for employers, which is why it is important to get advice from an experienced employment lawyer.
The concept of constructive dismissal is a complicated one. The test to be applied is that of a reasonable person in the employee’s shoes. The court will look at the totality of the circumstances to see whether the employee has been constructively dismissed. The judge will also consider whether the employer has breached an express term of the employment contract or an implied term such as trust and confidence.
In the case of a non-unionized workplace, an employer may breach an express term by cancelling benefits, eliminating certain defined job responsibilities, taking a significant dock in pay, imposing an unreasonably long suspension or otherwise violating a specific contractual clause. However, a breach of an implied term such as the loss of trust and confidence may be less obvious, but any bad faith conduct that destroys an employment relationship without good cause would likely qualify.
What Conclusions Does Constructive Dismissal Motion Conclude?
If a judge finds that an employee has been constructively dismissed, they will award the damages they deem appropriate in light of the circumstances. These damages will typically include compensation for lost wages and benefits as well as loss of self-esteem, reputation and emotional distress. In addition, punitive damages may be awarded where the conduct is egregious or where the behaviour was intended to deter others from engaging in similar activities.
Having an experienced Toronto employment lawyer on your side is essential when pursuing a constructive dismissal motion. An experienced lawyer can assist you in preparing a strong case and ensure your rights are protected at all times.
An experienced lawyer can also help you determine the appropriate compensation you are entitled to, based on your length of service and the amount of damages you are seeking. You can file your claim with Small Claims Court or Superior Court depending on the amount you are claiming.
Treating employees with respect will not only limit your liability in a constructive dismissal Toronto claim but will also discourage workers from making the claim in the first place. If you notice that your working environment has deteriorated to an intolerable level, it is best to make a formal complaint to the HR department as soon as possible so that the company can correct the problem and prevent future incidents from occurring. It is also important to keep contemporaneous notes of all the events that take place. This way if the court finds that you were constructively dismissed, the evidence will support your claim and the damages will be calculated accordingly. If you are considering filing a constructive dismissal lawsuit, call Paulette Haynes at HTW Law today for an initial consultation.
