What Are Constructive Dismissal Legal Remedies?

Constructive Dismissal Legal Remedies

When an employer breaks an employment contract, the employee may be entitled to compensation. In some cases, this may include the cost of severance pay and other costs such as job search expenses. It is important to seek legal advice before taking action. Constructive dismissal is a complex and fact driven area of law.

Generally speaking, constructive dismissal happens when an employer unilaterally and significantly changes one or more of the essential terms of a contract. This can include changing an employee’s salary, benefits package, reporting structure within the company hierarchy, workplace location, hours of work or term of employment. It can also include making a fundamental change to an oral promise or breaching an implied term of trust and confidence.

For a claim of constructive dismissal to succeed, the employee needs to prove that their working conditions have become intolerable and amount to a repudiation of an essential term of their contract. An intolerable working condition can be the result of a single serious incident or a pattern of incidents that, when taken together, form a significant issue with the work environment.

An example of this could be a manager who starts to berate an employee, criticising their performance in front of others or belittling their character. This can be incredibly distressing and the employee may find that they cannot continue to work under this sort of treatment. If the employer does not rectify the situation, the employee may feel compelled to resign under protest and pursue a constructive dismissal claim.

What Are Constructive Dismissal Legal Remedies?

However, if an employee continues to work, the tribunal may find that they have affirmed or accepted their employer’s behaviour and by remaining at their job have tacitly agreed to it. In addition, if an employee has waited too long before leaving their employer they risk losing the right to claim severance pay.

As a result, it is often crucial to act promptly and seek immediate legal advice. An experienced toronto constructive dismissal lawyer can help to ensure that all steps are taken to safeguard an employee’s rights.

Depending on the circumstances, the damages awarded by the tribunal can be substantial. In some instances, punitive or aggravated damages may be awarded, not to compensate the employee but rather to deter future misconduct by an employer and to express public disapproval.

An employee who wins a constructive dismissal lawyer claim can be awarded damages, including pay for loss of earnings, emotional distress and any other losses suffered. In addition, the successful claimant can often receive an award of costs and expenses, including the legal costs incurred to bring the case to court.

For this reason, it is very important to seek professional legal advice before proceeding to a tribunal. An experienced toronto constructive dismissal attorney can assist with the preparation of a claim and provide support throughout the proceedings, whether at trial or appeals. They can also advise on how much any severance payment might be worth. This is because it is vital to consider the financial consequences of leaving a job.