Constructive Dismissal Be Resolved Through Negotiation

It is possible to resolve constructive dismissal through negotiation, but it depends on the circumstances and your employer’s willingness to compromise. For example, if your employer has made a significant change to your employment contract without your agreement (even if it is only an implied term of trust and confidence), it may be difficult for you to secure a settlement. The best approach is to seek advice from a constructive dismissal lawyer near you and explore your options.

Generally, an employer cannot make changes to an employee’s employment terms or duties that they do not have the legal right to do. This is because it would be a repudiation of an essential term of your employment contract, or a breach of the law on unfair and wrongful dismissal.

For example, imagine that your manager reduces your salary by half without giving any explanation or justification. This is a significant change to your employment and you feel aggrieved at the lack of clear information, but it is hard for you to continue to work there because it means you can no longer cover your expenses or meet your mortgage. You feel compelled to quit your job as a result of the intolerable working conditions and are considering a constructive dismissal claim.

Can Constructive Dismissal Be Resolved Through Negotiation?

The key is for you to demonstrate that your employer’s actions are a repudiation of an express term or implied term of your employment contract, or that they have created intolerable working conditions that result in a fundamentally different employment relationship. This is a fact-driven exercise and can be very difficult to prove.

It is important that you consider how much longer you could work at your current employer before seeking legal help as it can be difficult to leave a job without another one lined up, particularly if you are still in the early stages of a constructive dismissal toronto claim. It is also important to time your resignation letter or resigning behaviour properly, as the timing can have an impact on the success of your claim.

It can be a complex and difficult exercise to make a constructive dismissal claim, not least because you will need to demonstrate that your employer has acted unreasonably and has therefore constituted a breach of your employment contract. You will need to provide strong evidence, including written records of what has happened and the effects on you.

The nature of the breach is crucial and can be anything from a single significant event to a series of smaller breaches that, when taken together, lead to intolerable working conditions. This is why it’s so important to seek legal advice from a constructive dismissal lawyer as soon as possible after you realise that something is amiss. They will be able to advise you on whether you have a claim, what your options are and how much you might get in a settlement.