Finding Out the Grounds for Constructive Dismissal

Grounds for Constructive Dismissal

The main legal test for constructive dismissal is that you can prove that the workplace environment has become so intolerable that you have been left with no option but to resign. There are a wide variety of factors that could make this happen, including a change to your salary (even if it is less than you were earning before), a reduction in hours, a reassignment to menial work, the introduction of new rules or procedures without your consent, serious harassment or bullying, the threat of physical injury and more.

However, it is not always so easy to find out the grounds for a claim. Often, your employer will not even be aware of the issues that you face or they will try to cover up their behaviour and hope that the matter will go away over time. In the most straightforward cases, your employer may just tell you to resign or they will be forced to terminate your employment. If the reason you were dismissed was that you revealed malpractice or other serious wrongdoing, then this can also be a valid termination ground.

It is important that you don’t resign before you have the opportunity to speak to a lawyer. If you do, your employer will argue that you have acquiesced to the changes and therefore you cannot assert that they were wrongful or unfair and that you are entitled to a severance package or damages.

Finding Out the Grounds for Constructive Dismissal

Instead, it is best to keep a detailed diary of the issues that you are facing and to raise your concerns with your manager or someone in a position of authority. In some cases, it may be possible to show that your employer knew about the intolerable working conditions and failed to take action.

If you are considering taking legal action, then you should seek the advice of a specialist Toronto constructive dismissal lawyer immediately. Paulette Haynes and her team regularly help clients with claims of constructive dismissal toronto and are experienced at developing risk-minimizing solutions to allow employers to implement changes while minimizing the impact on their employees.

This includes drafting detailed letters of complaint and conducting thorough investigations to identify the grounds for a claim. Paulette and her team are strategic problem solvers who often shadow their employer clients to identify potential areas of risk before they arise. They are experts at providing out-of-the-box solutions to resolve matters and mitigate risk for employers. Paulette and her team are also highly skilled at protecting workers’ rights and ensuring that they receive compensation for their losses.

They are also experienced at representing clients who have suffered from whistleblower retaliation and breach of contract. These include those who have reported illegal activity, sexual harassment, worker safety violations and discrimination in the workplace. Depending on the type of retaliation, it is possible that you can pursue claims through the courts or via the tribunal. You may be entitled to a severance package as well as damages for lost earnings, emotional distress and loss of career prospects.

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