What is Constructive Dismissal? Definition and How to Calculate It
What is Constructive Dismissal?
Having to leave your job for reasons outside of your control can be very difficult. It can also be financially devastating, especially if you have health or life insurance coverage that requires you to remain employed. Often, it can cause a significant strain on personal relationships as well. This can be even more troubling if it’s caused by something that was not your fault, such as being the victim of constructive dismissal. Constructive dismissal is a legal concept that can have serious repercussions for both employees and employers. Understanding what it means and how to calculate it will help you determine if your employer may have violated the law.
Essentially, constructive dismissal occurs when an employer breaches one or more fundamental terms of the employee’s employment contract that causes the employee to feel they can no longer work in a positive environment. These terms can be either explicit or implied. An explicit term would be something like “you cannot quit without my permission” or “you must work a minimum of forty hours per week”. An implied term could include a host of other factors, such as a reasonable expectation that you will have a specific job description and responsibilities, the length of your contract, the level of compensation you are entitled to receive, and other similar factors.
In order for an employer to be considered to have breached the term of your contract, the nature of the breach must be severe enough that it forces you to resign from your position. There must also be evidence that you attempted to resolve the issue with your employer before resigning and that you are unable to continue working in a positive environment. This will typically involve drafting a letter or email detailing the contractual breach(s) and explaining the reason why you are not able to continue working in a positive environment.
What is Constructive Dismissal? Definition and How to Calculate It
An employer breaching an employee’s employment contract by treating them in a manner that seriously damages their relationship of trust and confidence can be considered constructively dismissed. constructive dismissal toronto can occur with or without notice. Depending on the circumstances, a claim can be made for both wrongful dismissal and unfair termination. When determining whether you have been constructively dismissed, the court will consider several factors, including the severity of the breach, whether it was deliberate and/or whether you were made aware of it.
Ultimately, the judge will decide if you are entitled to compensation for constructive dismissal. This is generally in the form of notice or severance pay, calculated based on your length of service, age, and the likelihood of finding a new job with comparable compensation. Having the help of an experienced wrongful termination lawyer will be critical to successfully navigating your case. The team at Truth Legal can advise you of your rights and help you pursue fair compensation if you have been constructively dismissed. Contact us today to get started.
