Prove Constructive Dismissal
The onus is on employees to prove constructive dismissal, meaning that they have to prove that their employer acted in bad faith and caused them to leave their job. This is not easy, especially since employers will often argue that there was no breach of contract.
However, there are some things that you can do to help strengthen your case. For example, it’s a good idea to document every instance of poor treatment and make sure that you have copies of any relevant communications. You should also try to get statements from co-workers and other witnesses who may have important first-hand information about what happened.
Another key step is to carefully consider the impact that your employer’s conduct has had on you. This will involve determining whether the changes made were substantial and caused you to find your employment intolerable. This may include demoting you without justification, making it impossible for you to perform your duties successfully, causing you to lose confidence in your ability to work at the company, or creating an unpleasant workplace environment.
How to Prove Constructive Dismissal
The first branch of the test involves assessing whether your employer has substantially changed an explicit or implied term of your employment contract. This could include removing benefits, changing the terms of your salary, altering your reporting functions within the company hierarchy, or eliminating job responsibilities. It could also involve changing your hours of work, the duration of your contract, or limiting your location of work. In general, anything that makes it impossible for you to do your job would be considered a change of an essential term of your contract and could trigger a claim for constructive dismissal toronto.
For the second branch of the test, you must prove that your employer’s actions made you decide to quit your job and that this was a reasonable response to the intolerable working conditions created by your employer. This can be difficult, and you may need to use your own judgement. However, the general rule is that there should be a reasonable gap between the time when you complained about the behaviour to your supervisor and the time when you either lodged a formal grievance or handed in your notice of resignation. Otherwise, an adverse inference can be drawn about your motivations.
While only around 5% of employees who bring a constructive dismissal claim succeed in winning compensation, it’s still worth putting the effort in. An experienced wrongful termination lawyer Toronto can evaluate your situation and determine whether or not you have grounds to file a lawsuit.
To learn more about the process of bringing a claim for constructive dismissal, contact us to schedule a consultation with an employment lawyer Toronto. Our office handles a wide range of employment law matters, including wrongful dismissal. We look forward to hearing from you! — Daniel Badre, Managing Partner