Constructive Dismissal Claims
If you find yourself in the position where your employer’s conduct has made work intolerable to the point that you feel compelled to quit your job, then you could be entitled to damages for constructive dismissal. Constructive dismissal is a legal term that differs from wrongful termination, which involves a breach of contract on the part of an employer who is terminating an employee without notice or compensation in violation of their employment agreement.
It is important to remember that it is normally the employee who needs to make the first move in a constructive dismissal claim. The employer might not be aware of the situation and they may prefer to avoid a confrontation with the hope that the matter will disappear with time. This is why it’s critical to record any incidents as soon as they occur and to take the initiative to talk with your employer about what is happening.
Your employer’s actions must have caused such intolerable working conditions that a reasonable person would feel they had no option but to resign their job. This can include a reduction in your salary or duties, an unreasonable change to the terms of your contract or a change to a workplace culture that makes it intolerable to carry out your job. It could also include a failure to deal with any grievance you raise or bullying behaviour by your boss and/or colleagues that goes unchecked.
Can Constructive Dismissal Claims Be Resolved Through Arbitration?
You cannot file a constructive dismissal lawsuit for every time you experience an intolerable work environment. You must have resigned in good faith and not acted out of frustration or anger, for example, because your boss was berating you and making derogatory comments about your work performance. However, you can file a constructive dismissal suit if the behaviour continued for a period of time.
When you file a constructive dismissal lawyer, the court will award you with damages that equal to your salary, commissions, bonuses and other monetary allowances, and contractual entitlements (benefits) that you would have received during the notice period in your contract, after taking into account any mitigation earnings. In addition, if your employer’s conduct was so outrageous and bad that it amounts to a wrongful dismissal, punitive or aggravated damages could be awarded.
If you have been subjected to unacceptable workplace conditions, it is vital that you speak with an experienced employment lawyer. Our office is located in Toronto and our lawyers have extensive experience with employment law matters, including wrongful termination, constructive dismissal, discrimination and harassment claims. We will assess your case and provide you with advice about your options. Call us today for a free consultation with an experienced employment lawyer. Ball Professional Corporation offers services throughout Ontario. Stacey Reginald Ball is an employment law lawyer at the firm. She specializes in workplace discrimination and sexual harassment. She is an author of the book “Sexism at Work”. She has appeared on TV and radio to discuss her legal practice. She has a Master of Arts in Human Rights and a Bachelor of Laws degree from the University of Windsor.
