Canada about constructive dismissal
An employer’s actions may constitute constructive dismissal in canada if it alters the fundamental terms of the employment contract such as duties or compensation without consent. This is distinct from termination where an employee is explicitly told they are being fired. This is a common workplace issue for both employers and employees. It is vital for both parties to have trusted legal advice on how to navigate these complex issues. An experienced Toronto constructive dismissal employment lawyer can help.
In Canada, employees who believe they have been unfairly treated in the workplace can bring a claim of constructive dismissal against their employer. This legal remedy is available for federally regulated and non-federally regulated workers in Ontario. It is important for both employers and employees to understand the intricacies of this concept so that they can protect themselves against wrongful acts by their respective employers.
A key element in a constructive dismissal Toronto case is that the changes made by the employer were significant and unreasonable. This can include moving the worker to a less desirable work location, drastic changes to job duties that conflict with their personal responsibilities or create a hostile work environment and other forms of harassment and intimidation.
Constructive dismissal in Canada about constructive dismissal
It is also important for an employee to be able to prove that the changes were not a result of circumstances beyond their control. For example, during the COVID-19 pandemic it is possible that an employer reduced a worker’s hours or salary in order to meet the needs of their business. However, if an employer did this for the sole purpose of managing the workplace and not for the health of their workforce this could be viewed as an act of constructive dismissal.
Moreover, it is vital that the changes are not done repeatedly. Typically, the courts will only allow a claim of constructive dismissal where there are a series of incidents that have occurred over a period of time. This is because the courts are looking at whether an ordinary reasonable person would have felt that their contract had been substantially changed.
Generally, an employee will be entitled to a notice period according to the minimum standard set out in the Employment Standards Act 2000 (“ESA”) when they are subjected to a constructive dismissal. This can vary from one individual to the next based on factors such as their length of service, age, type of role and the availability of similar employment in the local area.
For employers, the most effective way to avoid claims of constructive dismissal is to be proactive and seek the consent of employees before making major changes to their employment contracts. This can be achieved by incorporating a review of the contract into the hiring process or offering incentives for employees to voluntarily agree to changes to their working conditions. It is also important for employers to regularly provide employees with training on their rights and responsibilities in the workplace to foster a culture of compliance.
