Constructive Dismissal and Grievances

Constructive Dismissal

Constructive dismissal and grievances can be complex cases that may involve an entire work environment, or the behaviour of a single person. Employees who experience such serious breaches of their employment contract that they feel they have no other option but to resign often claim they have been constructively dismissed. To be successful, a complaint must be made before the termination date of the contract.

If you have experienced these or other issues, it is important to seek legal advice as soon as possible. An experienced employment lawyer can review the facts of your case and provide further information on how to proceed.

A constructive dismissal is a breach of your contract with your employer and a grounds for filing an action for monetary compensation from the employer, such as notice pay, severance pay, or unreimbursed expenses. You may also be entitled to a remedy that compensates you for the harm caused by the breach such as reinstatement, backpay, or compensation for any lost opportunities.

When Can You File a Constructive Dismissal Claim?

The definition of constructive dismissal is based on the notion that you are forced to quit your job because you have to work in intolerable conditions that make it impossible for you to carry out your duties successfully. A successful claim requires a substantial change in working conditions, and you must demonstrate that you have been made to feel this way despite raising your concerns with the employer or with HR.

Constructive Dismissal and Grievances

Examples of this type of behaviour are a significant change to work hours, changing the nature of your shifts from 9-5 to overnight, or re-assigning you to a different role that you are not suited for. A demotion from a managerial position to a lesser role may be another example of an intolerable work environment that could qualify as constructive dismissal lawyer near me.

It is vital that you raise your concerns with the employer or with HR if there are any problems. Failure to do so could weaken your case if you later resign, especially as it will be difficult to explain why you resigned in the future on job applications.

To be successful, a claim must be filed before the end of your contract (typically 2 years), and you must prove that the breach was significant enough to force you to resign. You must also show that you resigned because of the breach and that you did not resign for other reasons, such as a promotion or money.

In a non-unionized workplace, it is easier to claim constructive dismissal but there are still many ways for your employer to breach your contract and create intolerable working conditions. It is essential that you speak with an employment lawyer before you resign so they can assess the situation and advise you on how to proceed. If you are a unionized worker, your lawyer will be guided by the provisions of your collective agreement and any other relevant laws.

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