Aspects of Constructive Dismissal
As a legal concept, constructive dismissal is difficult to define. However, it typically involves a serious breach of an employee’s employment contract that makes their work environment unbearable. To successfully bring a claim for constructive dismissal, an employee must generally resign their position and prove that they did so because of the breach. It’s also important to note that in most cases, the employer must be able to show that their actions were justified or reasonable. For this reason, it is important to document any incidents that could be considered a breach of contract and seek advice from an experienced employment lawyer before taking action.
A serious breach of an employee’s employment contract is a fundamental change in the working conditions that make them intolerable. This could be anything from a pay cut, demotion, changing your shifts outside of your contract notice, or creating difficult or dangerous working conditions. These types of incidents are likely to qualify as constructive dismissal if they are severe or persistent, and can affect both the mental and physical health of employees.
The problem is that many employers are unsure how to handle these situations, so they may take a passive approach and let the situation spiral out of control. This can be disastrous for the employee who finds themselves in a position where they feel their rights have been violated and they need to act. If this happens, it is crucial that the employee documents all incidents of misconduct and takes a proactive role in seeking out other employment opportunities. This will help to mitigate the long-term consequences of a negative impact on their reputation and job prospects.
Legal Aspects of Constructive Dismissal
Unfortunately, it can be extremely challenging for an employee to successfully bring a claim of constructive dismissal. This is because an employer must be able to demonstrate that they did not treat the employee unfairly and that their behaviour was justified. This can be a difficult hurdle for an employee to overcome, especially if the employer has acted repeatedly over a prolonged period of time.
Additionally, if an employee resigns due to intolerable working conditions and they find new employment immediately, this can undermine their claim of constructive dismissal. This is because the employee may be perceived as voluntarily terminating their old job instead of acting in response to their employer’s misconduct. This can create a black mark on their employment record and may make hiring managers question their judgement when considering future applications for employment.
Understanding the legal aspects of constructive dismissal is vital for all employees. By recognising the signs of this type of employment issue and taking appropriate action, workers can ensure they are protected from an unfair workplace. It is also recommended that all employees consider seeking legal advice if they believe their employer has breached their employment contract. Daniel Badre is a prominent personal injury lawyer based in Ottawa who has built his reputation as a compassionate and tenacious advocate for his clients.