Can Constructive Dismissal Lead to Compensation
In some cases, an employee may feel that their work environment has become intolerable, and they must quit their job. If this is the case, the employer can be sued for constructive dismissal. Constructive dismissal is a type of wrongful termination that is not explicitly addressed in an employment contract, but nonetheless is considered a fundamental breach. A skilled constructive dismissal toronto lawyer will be able to help you understand what it means and how to prove it.
For example, suppose that a manager reduces your salary without providing you with any explanation or justification for the change. Since your mortgage and other financial obligations depend on your salary, you decide to resign from your job in response to the intolerable working conditions. This could be seen as constructive dismissal, assuming that you were not fired and had enough service to claim severance pay. However, it is important to note that you can only file a constructive dismissal complaint once you have quit your job.
A claim for constructive dismissal is very difficult to win and only around 5% of such claims succeed in winning compensation in court. In order to succeed, you must show that your employer was causing you to suffer intolerable working conditions. This is a subjective test and it can be challenging to determine whether or not you have met the required standard. In addition, you will need to be able to provide proof that your employer had knowledge of the intolerable working conditions and that they were continuing to allow them.
Can Constructive Dismissal Lead to Compensation For Emotional Distress?
Moreover, it must be proved that the intolerable working conditions were a significant reason for your resignation. This will require you to provide evidence of the circumstances that you found unacceptable, such as a record of your employer’s behavior and statements made by other employees. Additionally, you must have resigned shortly after the intolerable situation was imposed upon you, and it cannot be the result of a single incident.
For instance, your manager could be found to have breached the employment contract if they continued to criticize you for your performance even after you raised your concerns. This could be seen as harassment or bullying in the workplace, and it can lead to serious psychological trauma.
The laws governing constructive termination can be complex and confusing, so it is best to seek legal assistance from a professional. A skilled and experienced attorney will be able to review your case and advise you on what steps to take next. A lawyer can also help you understand how to prove your case and how much compensation you might receive if you are successful.
It is also important to note that if you have a unionized work environment, the laws of your collective agreement will govern how your issues will be handled. For example, you can contact your union and speak to an advisor who will be able to explain how the law of your jurisdiction applies to your specific situation.
