Constructive Dismissal Without Resignation
An employer can commit a wrongful termination or constructive dismissal by making significant changes to the employment relationship that adversely affect an employee. Such changes can include reduction in compensation, relocation, demotion or creating a hostile work environment. While the most severe cases involve a direct act of bullying, harassment or discrimination, it can also take the form of less obvious actions that may still have a detrimental impact on the employee.
For example, if an employer fails to provide adequate staff coverage to ensure the safety of employees or demands that employees meet unrealistic sales targets, this may constitute unreasonable behaviour and a breach of the employment contract. The result can be a stressful work situation, leading to exhaustion and stress-related illnesses such as depression, anxiety or even heart attacks. As a result, the employee may feel they have no choice but to resign. Moreover, if an employee resigns and does not have another job lined up, they may be denied unemployment benefits or salary continuation and will find it challenging to get a new position given the current atmosphere of employers laying off workers during the COVID-19 pandemic.
The key is to report any alleged misconduct to an employer promptly and in writing. If an employee resigns after an incident of workplace harassment, the employer may argue that they have acquiesced and accepted the new working conditions and no longer have a claim for wrongful dismissal. For this reason, it is best to seek legal advice immediately after an occurrence of intolerable working conditions before resigning.
Constructive Dismissal Without Resignation?
It is important to note that the employee must raise a grievance within 90 days of the date on which they first became aware of the change to their employment that caused them to feel they were constructively dismissed. This is because many constructive dismissal cases are the result of a pattern of behaviour or a series of events over time.
A constructive dismissal lawyer near me can assist an employee with filing a claim against an employer for a wrongful termination. They will examine all the evidence and help the employee prepare for a hearing to determine what damages, if any, can be awarded. In most cases, an employee who files a constructive dismissal claim can be awarded severance pay and/or damages for loss of income. This sum is determined by the tribunal based on the amount of lost earnings and the length of service the employee had with the employer.
When an employee feels they are being treated unfairly at work, the best course of action is to speak with a Toronto employment lawyer as soon as possible. The team at Bune Law can provide an initial consultation to review the facts of a case and the strength of a potential claim for wrongful termination or constructive dismissal. Contact us today to arrange your appointment. We proudly serve clients across Ontario including Toronto, Scarborough, Brampton, Mississauga, Oakville, Guelph and Hamilton.
