Constructive Dismissal Archives - Langer Law https://langerlaw.ca/tag/constructive-dismissal/ Mon, 21 Oct 2019 16:13:14 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 Constructive Dismissal – Has it happened to you? https://langerlaw.ca/constructive-dismissal-has-it-happened-to-you/ https://langerlaw.ca/constructive-dismissal-has-it-happened-to-you/#respond Wed, 26 Jun 2019 01:22:05 +0000 https://langerlaw.ca/?p=1741 An employee faces a constructive dismissal when the employer imposes a fundamental change to the employee’s job. Minor changes will not be found by a Court to be a constructive dismissal as an employer can legally alter the duties and responsibilities of an employee if the imposed changes do not strike at the heart of…

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]]> An employee faces a constructive dismissal when the employer imposes a fundamental change to the employee’s job. Minor changes will not be found by a Court to be a constructive dismissal as an employer can legally alter the duties and responsibilities of an employee if the imposed changes do not strike at the heart of the employment relationship.  

The following list are changes that can potentially lead to a constructive dismissal:

  • Unreasonable working conditions related to sexual harassment or discrimination;
  • Unreasonable working conditions related to bullying or harassment
  • Reduction in compensation by 10%;
  • Substantial geographical change of offices; and
  • Unwarranted demotion.

Not every reduction in compensation will be a constructive dismissal. While any decrease in compensation may heavily impact an employee, a nominal decrease may not be enough to show that the employee was constructively dismissed. Speak to a qualified employment lawyer for a full review of your particular circumstances but note that it is likely that if your compensation has been reduced by 10% or more, it is likely that you have been constructively dismissed.

If you believe that any of the above listed situations apply to your place of work, you may have been constructively dismissed. An important aspect of initiating a claim for constructive dismissal is that you have not consented or implicitly agreed to the change imposed by your employer.

 

This blog is for educational and informational purposes only and does not constitute legal advice. Results of cases described on this website may not be typical and are not guaranteed. The accuracy of the blog posts is not guaranteed. Contacting Langer Law or using this website does not create a lawyer-client relationship.

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