The legal definition of constructive dismissal as a breach of the implied term of trust and confidence in every contract of employment states: “An employer shall not, without reasonable and proper cause, conduct himself in a way calculated or likely to destroy or seriously damage the relationship of trust and confidence between him and his employees.”
As a result, employers can find themselves facing wrongful termination lawsuits filed by employees alleging that they were forced to quit their jobs because of unreasonable circumstances. These situations can be challenging to prove and will vary depending on the unique circumstances of each case. This is why it is important to consult with a Toronto constructive dismissal Employment Lawyer to ensure that you are well-versed in the law and have an appropriate strategy in place.
While change is often unavoidable and a necessary part of business, it can be easy for employees to feel like they have been forced to quit their jobs because of unreasonable changes to their work environment. These types of claims can be difficult to defend and may result in large damages being awarded. The experienced team of employment lawyers at Sultan Lawyers has extensive experience defending clients in constructive dismissal cases. We can help you understand your rights and guide you through the process of filing a claim.
Generally, employees who successfully claim constructive dismissal toronto have a clear and convincing argument that they have been forced to resign from their job due to a significant change in their working conditions. This can include a broad range of issues such as being moved to a substantially inferior workspace, drastic changes to their schedule that create an intolerable level of inconvenience, or being made to be isolated from core team activities without justification.
It is also important to remember that health and safety violations can be considered a breach of the implied term of trust between an employer and their staff. For instance, forcing employees to use display screen equipment for extended periods of time can lead to severe eye strain and is a serious breach of health and safety regulations.
In the past, this type of litigation was more common in the manufacturing and retail sectors. However, the workplace landscape has changed significantly over the years, and it is now possible to file a constructive dismissal claim in many different fields. This has led to a significant increase in the number of cases filed by employees of all walks of life.
Changes to an employee’s job description or duties will likely always be a valid reason for a claim of constructive dismissal, but the question of what constitutes a “significant” or “fundamental” change will depend on the unique facts of each situation. While changes to salary, title and responsibilities will almost certainly be considered a breach of contract, being required to relocate to a remote location that drastically alters the length of commute can be seen as a similar violation.
Written By
Workplace Harassment Lawyer Assist With Workplace Harassment The laws on workplace harassment vary by state and even country, but in general, an employer must ensure that all employees receive training. They must provide this training both at the time of hiring and on an annual basis. This typically includes a discussion of sexual harassment prevention and explains what constitutes unlawful haras...
seniority change Federally Regulated Employee severance pay rules If you work for a federally-regulated employer (i.e., a public utility, airline or bank) and you are laid off because of budgetary constraints, the rules surrounding your severance pay may be differ...
disability discrimination in employment Disability discrimination is a severe problem, which not only affects people with disabilities but also leaves them at a significant economic disadvantage. While the COVID-19 health crisis and subsequent recession exacerbate...
ethical considerations in disability discrimination The value of the lives of disabled people is a central issue in disability research and protection. Inevitably, it raises many other issues related to the treatment of disabled people by society and its instituti...