Examples of Constructive Dismissal
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:
Failing to pay an employee their correct wages, or reducing their wages without their agreement or without consent from the employee.
Failing to pay an employee their commission or changing the way that commission is earned without consent form the employee.
Giving an employee an excessive workload, which is likely to make them fail, feel pressured or become stressed.
Demoting an employee without their agreement.
Significantly changing an employee’s job roles, duties or responsibilities without their agreement or without consent form the employee.
Suspending or laying off an employee without an employment contract allowing such temporary layoff.
Significantly changing an employee’s working environment to one which is detrimental to the employee’s ability to carry out their job well.
A forced resignation or a forced retirement as a result of some form of pressure or intimidation from supervisors, managers or even fellow members of an organizational board, making it extremely difficult if not impossible for the employee to carry out his or her job duties.
Unfair performance targets & Toxic Working Environment
One of the most common reasons for constructive dismissal is ousting an employee by making it impossible for them to do their job well by requiring them to achieve performance targets that are unreasonable. In addition, the employer would typically micromanage daily tasks of the employee, keep picking on minor mistakes of the employee, hides or downplays the accomplishments of the employment, requires the employee to document everything he or she does. The goals of all these acts are to force the employee to resign from his or her position, so that the employer wouldn’t need to provide any severance package to the employee.
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