Constructive Dismissure in Canada
If you have resigned from your job as a result of a hostile work environment or other issues that impacted your quality of life, you may be eligible to file a constructive dismissal lawsuit. A Toronto constructive dismissal lawyer can review your case, advise you of the strength of your claim and help you develop an appropriate strategy.
The definition of constructive dismissal in Canada is complex, and depends largely on the terms of your employment contract. Generally speaking, it involves an employer’s unilaterally imposing changes in the workplace that contradict or conflict with fundamental aspects of your employment contract.
To be constructively dismissed, these changes must be severe and material in nature. The most common examples involve a substantial reduction in an employee’s established job duties or a significant change to salary. In cases such as this, the court will consider whether the change was so significant that it essentially terminated your employment contract. This can be a complicated assessment, but it is important to discuss your case with an experienced employment lawyer.
What is Constructive Dismissure in Canada?
In addition to statutory requirements, which are outlined in the Employment Standards Act (ESA), common law also plays an important role in defining constructive dismissal. Common law offers a broader scope of protection, acknowledging that an employee can be constructively dismissed even when statutory minimums are respected and the essence of their employment contract is changed.
Changes in employment contracts can also be considered constructive dismissal toronto if they violate federal, provincial or territorial labour or anti-discrimination laws. If you have left your employment in response to a breach of these laws, you might be entitled to additional compensation.
Regardless of the type of work environment or workplace issue that led you to leave your job, you must be able to demonstrate that this was what caused you to resign. The best way to do this is by showing that you were forced out of your job because of harassment, discrimination or a hostile working environment. This will usually be enough to prove that you were constructively dismissed and can pursue a claim for wrongful termination damages.
You must bring your complaint to the attention of a lawyer within two years of the date you resigned to file with the courts or WSIB. You are also required to file with the human rights tribunal if your claim falls under one of the provincial or territorial discrimination laws.
An experienced lawyer can help you file a constructive dismissal claim against your employer, whether you are a private sector or public sector employee. Paulette Haynes and her team are known as strategic problem solvers and regularly work alongside employers to provide tools for managing employees designed to shield them from liability. They also routinely shadow their clients to identify potential areas of risk and conflict in order to address them proactively. As a result, they are often able to prevent disputes from arising at all. If they do, they can assist in providing solutions that satisfy the needs of all parties.