Can Constructive Dismissal Claims Be Pursued Internationally?

Constructive Dismissal Claims

Constructive dismissal is an important issue that arises when employers create intolerable working conditions for their employees, leaving them no other choice than to resign. Understanding what constitutes a constructive dismissal claim can help employees identify when their employer is acting unlawfully and take the necessary steps to address it.

In order to claim constructive dismissal, an employee must demonstrate a breach of the implied term of trust and confidence. A breach of this implied term typically involves a fundamental change to the terms of an employment contract. This may include a unilateral change to critical employment terms such as salary, job duties and responsibilities or benefits. It can also include changes to work schedules or a relocation that makes the workplace intolerable or impossible to work in. It is also possible for a breach of this implied term to involve more subtle types of conduct such as bullying, harassment and discrimination in the workplace.

While a termination notice or resigning from one’s job can be a good step in addressing constructive dismissal, an employee is not guaranteed that such a claim will succeed. In fact, a claim for constructive dismissal will only be successful if it can be demonstrated that the employee resigned as a result of a significant and fundamental change to their contractual employment terms. This is something that an employer must be able to demonstrate in court and cannot be based on rumours or other hearsay evidence.

Can Constructive Dismissal Claims Be Pursued Internationally?

It is also important to note that in order to claim constructive dismissal, an employee MUST resign from their job within a reasonable time following the significant and fundamental change to their contractual terms. This is because, if an employee resigns before this period, they will be deemed to have acquiesced to the change and will lose their right to make a claim for damages.

In Ontario, the most common form of constructive dismissal lawyer near me is when an employer changes essential employment terms without the employee’s consent. This is a clear and serious breach of the employment contract that is generally judged to be intolerable and a repudiation of the terms set out in the contract. Generally, this includes anything that makes the job so intolerable or fundamentally changes the employee’s role that they feel they have no option but to quit their employment.

An employer can be held liable for this type of action, and will be required to pay the complainant the equivalent of their salary and other contractual entitlements in the notice period (including mitigation earnings). In addition, punitive or aggravated damages can sometimes be awarded to a plaintiff in a constructive dismissal claim. This is essentially to express society’s collective disapproval of the defendant’s behaviour, as well as deter others from engaging in similar conduct in the future. This is a very serious form of wrongful dismissal and can have devastating consequences for an employer and their business. Therefore, it is always best to consult an experienced employment lawyer and discuss your situation as soon as you become aware that you believe you are the victim of constructive dismissal.