Constructive Dismissal


What is Constructive Dismissal?

Constructive dismissal refers to a situation in which an employer has altered the contract of employment in some fundamental way, without the employee’s consent. Often, there may be changes such as a change in pay, change in working conditions, or change in title, status or duties.

As an employee, if your employer is imposing changes to your employment agreement, you should consult with an experienced employment lawyer to obtain an opinion as to whether or not those changes amount to constructive dismissal. Once you have received this advice, a decision can then be made to accept or contest the changes.

As an employer, prior to imposing any change to an employment contract, obtain our opinion as to whether or not the proposed changes, if not on consent, will amount to constructive dismissal.

If an employee is found to have been constructively dismissed, he or she is entitled to damages based on reasonable notice. Depending upon the facts, the amount of damages can be quite significant.

Most of our clients are able to resolve matters without resorting to the courts.  With each party represented by counsel (normally) and with proper analysis of the common law and statutory factors governing notice and severance pay, we will represent your interests to ensure a fair and equitable Severance Package arising as a result of a constructive dismissal.

The law surrounding your rights and obligations in the employment context is found in many different statutes including the Employment Standards Act, the Canada Labour Code, the Ontario Human Rights Code, the Canadian Human Rights Code, the Occupational Health and Safety Act, among others. In addition, there is a history of jurisprudence (case law) that has developed over time by judges deciding cases that collectively makes up the Common Law. Depending upon your fact situation, both statutory and common law principles may apply and need to be carefully considered when assessing the sufficiency of a severance proposal.

How can our Lawyers help with Constructive Dismissal?

Often, we are able to negotiate for a better severance package through negotiation/mediation when an employee is faced with employment termination. Occasionally, negotiation is unsuccessful, and the matter must then proceed to through the courts. Either way, negotiation or litigation, we have the skills and experience to effectively represent your interests and secure an appropriate result.

Without legal representation, you are at a significant disadvantage.  We have the years of experience and knowledge to effectively and vigorously represent your interests.  We will navigate the system for you.  We are not afraid to go to Court, as we are first and foremost trial lawyers.

Call us today and see how we can provide legal assistance with respect to constructive dismissals