Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request
Constructive Dismissal is a very common issue in all industries. A constructive dismissal occurs in multiple circumstances, but typically cases involve:
-Sexual harassment or Sexual Assault;
-Workplace Harassment or bullying;
-Decrease in hours of work;
-Shift change without employee approval;
-Decrease in compensation or benefits.
Video: What is Constructive Dismissal?
In the event a constructive dismissal is established as having occurred, a constructively dismissed employee is entitled to reasonable common law notice, just as a wrongfully dismissed employee would be to the extent of the unilateral change.
Additionally, if a workplace harassment or discrimination issue has been held to have led to the constructive dismissal, the constructively dismissed employee may be entitled to an award of general or punitive damages.
Constructive dismissal, what should you do?
See our article on constructive dismissal which outlines how a constructively dismissed employee can be awarded common law notice in conjunction with punitive or general damages for human rights issues.
The major issue surrounding constructive dismissals is that the employee being forced out of the workplace will often resign, or will leave the workplace due to the poor treatment they have received. This is not recommended. If you feel as though your treatment within the workplace has become unbearable, it is important to contact an Employment Lawyer.
Workplace Harassment And Bullying
While resignation is certainly not a ‘non-option’, it is important that if it is done, it is done properly (See article on Resignation Letter) to ensure that you do not limit your entitlement to reasonable notice and other benefits.
Simply fill out the form below for a free callback and see how Monkhouse Law can assist you in this regard.