Valid in Constructive Dismissal Cases
An employee can claim constructive dismissal if they were forced to resign from their job due to intolerable working conditions. However, proving that they were constructively dismissed is complex as it requires demonstrating that their employer repudiated an essential term of their employment contract or breached an implied term of trust and confidence.
These terms are usually written in an employee’s contract and can include compensation (salary, benefits, bonus), job responsibilities, reporting functions within the hierarchy of the company, working hours, and the term of their employment. The breach of an explicit term could involve cancelling a contract’s benefits, reducing the employee’s salary without providing justification, or eliminating a certain type of work from their responsibilities. Alternatively, the breach of an implied term might include bad faith behaviour that destroys an employee-employer relationship and makes it impossible for the employee to carry out their work duties.
Often, these issues take place over time and build up until the point that they become intolerable. For example, a boss might not provide sufficient staff coverage to meet sales targets even though they know that this will cause employees to fail to reach their goals and potentially become ill from stress and exhaustion. Over time, this might lead the employees to feel that they have no choice but to resign.
Are Verbal Agreements Valid in Constructive Dismissal Cases?
In some cases, an employee will bring their concerns about a particular issue to a supervisor or manager and be told that they must accept the changes or face termination. In these situations, it’s important for the employee to have evidence that they tried to address their concerns with the company before resigning as it will likely be argued that they tacitly affirmed or accepted the employer’s conduct and therefore waived their rights to a remedy.
It is also difficult to resign from your job and claim constructive dismissal lawyer near me when you have outstanding debts, such as mortgages or credit card bills. As a result, many people find that they have to wait until they can find another job before they can claim constructive dismissal.
If you are struggling with an intolerable work environment and would like to discuss your options, contact a Toronto Constructive Dismissal Lawyer at Bune Law today. Our team will review your case and determine the strength of your claim.
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