Constructive Dismissal FAQs

Constructive dismissal is contractual breach that employer makes fundamental unilateral change to the contract. Frequently Asked Questions:

 

 

Constructive dismissal is an important component of employment law. Constructive dismissal is tricky and highly technical. 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 is defined as a contractual breach where an employer, by words or conduct, unilaterally makes a fundamental change to a material term or condition of an employee’s employment contract. Constructive dismissal is tricky and highly fact specific. Below are some examples of constructive dismissal:

 

When it comes to proving Constructive Dismissal, the responsibility rests on the employee. You should consider all options before quitting the job and claim for constructive dismissal. Employer usually argue that there was no fundamental breach of contract and they acted reasonably in accordance with the contract.

 

You could quit and sue for constructive dismissal If your employer's behaviour towards you amounts to a fundamental (i.e. very serious) breach of contract. This breach is shaped by the explicit contractual terms, as well as the relationship of trust and confidence between employer and employee (‘implied’ terms).

Proving A Case of Constructive Dismissal

 

You can quit due to stress, and you may qualify for constructive dismissal. Constructive dismissal may occur through fundamental breaches of essential employment terms such as compensation, job responsibilities, and the term of employment. You could also file complaint to WSIB, HRTO, MOL while you are still on the job.