A Close Related Definition of Constructive Dismissal Is “Termination Without Cause”
Definition of Constructive Dismissal
A close related definition of constructive dismissal is “termination without cause”. However, to prove a claim of termination without cause, an employee must demonstrate that the employer breached an express term of their contract. A breach of an express term can occur either when the employer substantially alters an essential employment term or, in the case of implied terms, when the employer acts in a way that a reasonable person would conclude that they no longer intend to be bound by the contract.
An employee must also show that the conditions created by the employer are intolerable to them and constitute a repudiation of an essential term of the employment contract. This requires a fact-driven analysis and consideration of the severity of the circumstances, how the employer behaved, and the amount of deliberation involved.
Often, the reason an employee feels they have been constructively dismissed is due to their employer’s failure to respond to concerns raised about bullying or harassment in the workplace. When a senior member of management fails to act on allegations of workplace hostility, this demonstrates their lack of care and respect for employees and creates an intolerable work environment. In these instances, it may be possible to resign and bring a constructive dismissal claim against the company.
A positive work environment is an essential part of a happy, healthy workforce and the law encourages employers to provide their staff with a safe place to do their jobs. However, this is not always possible given the realities of business operations and budgets. An employee should not be expected to endure a hostile work environment indefinitely, and a Toronto constructive dismissal lawyer can help an employee understand their options.
A Close Related Definition of Constructive Dismissal Is “Termination Without Cause”
There are time limitations for taking legal action, so it is important to discuss your situation with an experienced Toronto employment lawyer as soon as possible. Paulette Haynes and the team at HTW Law – Employment Lawyers regularly advise employers and their management teams to assist in developing policies and tools designed to prevent wrongful conduct and protect against liability. Often, this involves shadowing the management of an employer to identify issues that can be addressed proactively.
An employee who is successful in proving their claims of constructive dismissal Toronto or termination without cause will be entitled to damages. This could include severance pay, lost wages, and benefits.
Whether or not an employee has been constructively dismissed depends on a number of factors including the length of their notice period and the availability of similar employment in their area. The notice period is set out in the Employment Standards Act and influenced by an employee’s age, position, and length of service. The amount of the severance pay is based on the minimum statutory requirement in the ESA and the ability for the employee to find suitable work. This is determined by the nature of their role, whether they are a specialized or high level position, and the job market.