Constructive Dismissal
When an employer unilaterally changes the terms of a worker’s employment contract in a way that is not allowed under their employment law, it can trigger a constructive dismissal claim. These claims can be difficult to prove but an employee can still claim monetary compensation for their losses. The most common example of a constructive dismissal is an employer deciding to demote an employee without consulting them first and/or obtaining their consent.
While it is generally legal to delegate tasks and responsibilities, an employer must always consider whether it will negatively affect the employee. This is especially important if it is an action taken to discipline an employee for misconduct or poor performance. It is also not advisable to publicly announce the decision to move someone to a lower role before discussing it with them or asking them for their consent.
If you have an explicit clause in your contract allowing for a demotion, it is still not a good idea to do so without considering the impact. The demotion should be clearly explained, including the reasons why it is being done and the effect on your job satisfaction and career progression. Your employer should also give consideration to alternatives, including redeployment elsewhere in the business or offering you an alternative role with a lower salary or commission.
Constructive Dismissal and Demotion
Another major problem is when an employer creates a hostile work environment. This can take a number of forms, from bullying to a dangerous or poisonous work environment. It can even be the result of a company culture that discourages employees from raising concerns and is generally unfriendly to newcomers or those who do not fit in.
It is also illegal to deprive an employee of the minimum statutory wage or to fail to pay them their vacation pay, overtime or other contractual benefits. It is also illegal to change a worker’s reporting relationships, reducing their responsibilities or shifting their shifts in such a way that it interferes with their ability to carry out their duties.
If an employer tries to make these sorts of changes to your working conditions and you are not happy with them, you should contact a Toronto constructive dismissal lawyer as soon as possible. An experienced lawyer can review your situation, advise you of your rights and help devise a strategy for moving forward. An experienced employment lawyer can also help you calculate your potential damages if you are successful in establishing constructive dismissal. They will be able to factor in your loss of wages, future earnings, any expenses you have had to incur as a result of the change and more.
When it comes to a constructive dismissal, you will need to prove that the change was significant enough that you no longer have a reasonable opportunity for meaningful work and were unable to find comparable employment at a competitive rate. The best way to do this is to contact Bune Law and book a consultation with our team of professional lawyers today.
