Constructive Dismissal | HTW Law - Employment Lawyer

Employment Law Constructive Dismissal happens when an employer, by words or conduct, unilaterally makes a fundamental change to a material term or condition of an employment contract. A Constructive Dismissal case is technical. Constructive dismissal happens, act immediately!! A Constructive Dismissal Toronto Lawyer can help. No Win No Fee for constructive dismissal cases.

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Constructive dismissal is an important component of employment law. Constructive dismissal is tricky and highly technical, a constructive dismissal lawyer in Toronto can help. In employment law context, Constructive dismissal is defined as a contractual breach where an employer makes a fundamental change to an employment contract unilaterally without obtaining the consent of the employee.

Constructive dismissal may occur through substantial, unilateral changes to essential employment terms such as compensation (salary, benefits, or bonus), job responsibilities, reporting functions within the company hierarchy, working conditions, hours of work, the term of employment, or the employee’s location of work.

A constructive dismissal, in employment law context, might occur even if there’s no breach of a specific employment term in the employment contract; rather, constructive dismissal occurs where the employer’s overall conduct indicates it no longer intends to be bound by the employment contract, for example, by a series of actions that cumulatively makes the employee’s position intolerable.

A case of constructive dismissal, in employment law context, has been found under the following circumstances:

  1. Temporarily laying off an employee where there is no right to do so in the employment contract.

  2. Substantially altering an employee’s established job duties (not allowed in employment law!!).

  3. Substantially decreasing an employee’s salary, even if on a temporary basis, without employee's consent (prohibited by employment law!!).

You can claim constructive dismissal under both common law and under the Employment Standards Act (ESA). The ESA is incorporating by reference the common law principles of constructive dismissal. Click here to learn more about the common law test for constructive dismissal.

Usually time is of the essence in an employment law constructive dismissal case. If the employee fails to act within a reasonable amount of time and treat the contract as terminated, the claim for constructive dismissal will be extinguished. An experienced constructive dismissal lawyer will likely prove a make-it-or-break-it move in many employment law instances.

When you suspect that you might have a claim of employment law constructive dismissal, Immediate action is required!! No-Win-No-Fee for qualified employment law constructive dismissal cases. FREE initial consultation!! Call us now at 647-849-6582 or Contact Us Now for Immediate Assistance.

Constructive Dismissal FAQs

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