Constructive Dismissal in Contracts
If your employer has changed a term of your employment contract and you feel that the change is intolerable, you can quit your job and sue for constructive dismissal. However, you must first show that your employer’s course of conduct or a specific incident has repudiated the terms of the contract. The court will decide what amount you are entitled to receive as compensation for your loss of income (the termination pay).
Unlike an employee who is terminated, a worker who claims constructive dismissal does not have to give notice of their intention to sue. The court will assess the circumstances of the change to determine whether the change has caused you to lose a reasonable opportunity to find alternative employment, as well as your losses related to the change, and award an appropriate sum. For example, if your employer’s changes made you seek new employment immediately, the court will likely consider the costs of finding and training for a new job to be reasonable.
To qualify as a constructive dismissal, the changes must be significant enough to cause you to lose a reasonable opportunity to find new employment. The courts have ruled that a change to a fundamental term of your contract is enough to qualify, such as a reduction in your compensation or a change in your duties and responsibilities. There are no hard and fast rules as to what constitutes a substantial change, and the court will look at each case on a case-by-case basis.
Constructive Dismissal in Contracts
In addition to the loss of wages, you can also claim damages for your emotional distress. Your employment lawyer will advise you about how to calculate this, which depends on the nature of your work and what other factors might be considered such as your age and length of service.
The most common reason for a constructive dismissal toronto claim is a change to the terms of an employment contract. An employer cannot change a fundamental term of the contract without your consent, but there are exceptions. For instance, your employer is allowed to move you from one location to another within the company provided that it does not adversely affect your salary or status in the organisation.
A constructive dismissal can have a profound effect on your mental health, not only because you have to find a new job but because you may feel robbed of your source identity and self-esteem, as well as the pride and joy that comes from having a steady job.
If you are considering taking your employer to court for constructive dismissal, it is best to consult with a Toronto Constructive Dismissal Lawyer to discuss your options. An experienced employment lawyer will be able to guide you through your options, and ensure that you are protecting yourself from the long-term consequences of a negative impact on your career. Contact Benjamin Law today to arrange an appointment to discuss your matter with a lawyer. We will be happy to help you resolve your issue.