Constructive Dismissal Happen Due to Changes in Management
Whether or not an employee may be able to claim constructive dismissal depends on the nature of the change, the reasons for the change, and how much the change affects their employment. While it is common for an employer to make certain types of changes in an effort to improve the company, if those changes are made without consideration of the impact they can have on employees, it can lead to a claim of constructive dismissal.
For example, if your employer makes significant changes to your shifts and schedule and you can no longer meet family commitments or work/life balance, this could be considered a breach of your contract that warrants legal action. This also applies if your employer requires you to relocate and the move significantly alters your commute or ability to find comparable employment. In some cases, a demotion to a lower-level role can also be considered a breach of your contract that triggers a constructive dismissal claim.
It is important to address these issues with your employer and request the specifics of any changes that you have concerns over. However, if you fail to communicate your concerns and stay silent, it can be deemed that you have consented or accepted the change which could make it difficult to bring a claim of constructive dismissal.
Can Constructive Dismissal Happen Due to Changes in Management?
In addition to a change in your salary, other actions that can be grounds for a constructive dismissal include a change in your job duties or location, a refusal to accommodate a disability, and unreasonable or unjustified surveillance. Moreover, your employer’s actions or inactions can create an intolerable work environment such as bullying or harassment, which would be grounds for a wrongful termination claim.
Lastly, an employer cannot be constructively dismissed based on an act of bad faith. While it is rare for this type of misconduct to occur, if it does, it can be grounds for a claim of wrongful dismissal and/or human rights violations. The minimum notice period required for a constructive dismissal lawyer near me is set out in the Employment Standards Act. This figure is influenced by a variety of factors including the length of your contract, your position, and the availability of similar roles in your area. It is important to contact a Toronto constructive dismissal lawyer to help you determine your best course of action and the strength of your case.
If you believe that your employer has committed a breach of your employment contract, contact Bune Law today to arrange for a consultation with a Toronto constructive dismissal lawyer. Our experienced team will review your situation, discuss your options, and help you devise a strategy that protects your interests. We offer free initial consultations. Call us or fill out our online form to book yours. We can even come to you if necessary.
