Constructive Dismissal

In some cases, the employment relationship may be terminated without any express words of termination being provided by the employer. This means that the employer’s actions amount to termination, even though the employer has not actually stated that the employment has ended. Usually, the employer has unilaterally changed the conditions of the employment so much that the employment was effectively terminated.

Cases where an employee might feel that he or she has been constructively dismissed include: where the employer significantly reduced the employee’s compensation or number of hours; where the employer fundamentally altered the employee’s duties and responsibilities; or a demand by the employer that the employee relocate to another location (if it was not in the employment contract).

It is important for employees to seek legal advice as soon as possible if they feel they have been constructively dismissed, so that their rights and remedies are not prejudiced.

We also have experience in advising and representing employers who are defending against constructive dismissal claims by former employees. Our knowledge of the legislative requirements, along with our understanding of constructive dismissal case law, will assist employers in creating the best possible defence to a claim of constructive dismissal.

 

 

Carters Professional Corporation

Orangeville Office
211 Broadway, PO Box 440
Orangeville, Ontario, Canada
L9W 1K4
Tel: (519) 942-0001
Fax: (519) 942-0300
Toll Free: 1-877-942-0001

Ottawa Office
117 Centrepointe Drive, Suite 350
Ottawa, Ontario, Canada
K2G 5X3
Tel: (613) 235-4774
Fax: (613) 235-9838
Toll Free: 1-866-388-9596

Toronto Office
67 Yonge Street, Suite 1402
Toronto, Ontario, Canada
M5E 1J8
Tel: (416) 594-1616
Fax: (416) 594-1209
Toll Free: 1-877-942-0001