Constructive Dismissal

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Constructive Dismissal
What is Constructive Dismissal?
Constructive dismissal is a regrettable outcome of a deteriorating employment relationship. It occurs when an employee feels compelled to resign due to intolerable conditions, such as workplace harassment, bullying, excessive workloads, or a toxic work environment.
This area of employment law is particularly emotionally charged, reflecting the darker side of corporate culture and interpersonal relationships. If you haven’t resigned yet, we strongly recommend consulting with us before making any decisions. We can provide guidance on how to communicate with your employer effectively and what documentation to gather.
In certain situations, we may even be able to resolve the issues on your behalf.
Unwilling Resignations
- If all efforts to improve your situation fail, we can initiate a “no cause” termination, allowing you to leave with a proper severance package.
- For most employees, this option is quicker, less costly, and far less exhausting than pursuing a constructive dismissal case in court.
- A constructive dismissal claim can only be filed after you have left your job. We advise clients to treat this as a last resort. If you feel forced to resign, it’s crucial to have an experienced Ontario employment lawyer by your side to assess your case carefully.
Unilateral Changes to Compensation Packages
- Changes to your compensation can dramatically rupture employment relationships. During tough economic times, employers often look to cut costs, and payroll is frequently targeted.
- Employers cannot unilaterally reduce your income by 10% or more. If they must make wage reductions, they are obligated to provide options, such as equivalent “considerations” (e.g., more vacation time, signing bonuses) or an adequate severance package if you do not accept these options.
Changing Employment Terms
- Changes can occur when new owners take over a company, resulting in shifts to your employment terms, such as job descriptions, seniority, and hours.
- Employers cannot unilaterally change these terms, regardless of whether they are in a written contract. If these changes negatively impact you, contact us immediately. It’s essential to protest the changes in writing within a reasonable time frame to avoid being seen as having accepted them.
Returning to Work from Sick Leave
- Returning to work after medical leave can make you susceptible to harassment or constructive dismissal. Some employers may compare you unfavourably to your temporary replacement.
- If your manager scrutinizes your performance or imposes unreasonable workloads upon your return, your work environment may become toxic, forcing you to quit. These scenarios are classic indicators of constructive dismissal, and many employers exploit workers’ ignorance of their rights.
Maternity & Parental Leave
- Pregnancy and parenting require workplace accommodation. New parents often need time off for sick children or may fall ill themselves due to their children bringing home viruses.
- In an unsupportive environment, you may face undue harassment while pregnant, on parental leave, or shortly after returning to work.
Bullying & Harassment
- Employers who condone or engage in bullying, discrimination, or workplace harassment can play a significant role in your constructive dismissal.
- Victims of sexual harassment often face increased hostility after reporting incidents. If your situation worsens after informing HR, you may be targeted for dismissal. Discriminatory practices can also manifest as missed promotions or pay raises. In these cases, hiring a reliable team of employment lawyers is essential to ensuring a favourable outcome.
Every Case is Unique
Each case we manage is distinct and tailored to the individual circumstances of our clients. However, a common theme we observe is that clients often lack knowledge about their rights and entitlements as employees. We are dedicated to empowering you with the information and support you need to navigate these challenging situations effectively.
Ontario Employee Rights - Our Focus:
At Leckers Law, we exclusively represent employees. We understand the power imbalance that often exists in employment relationships and are dedicated to levelling the playing field. Our lawyers are passionate about advocating for your rights and ensuring you receive the fair treatment you deserve.


FAQs
Constructive dismissal occurs when an employee resigns due to intolerable work conditions that force them out of their job.
To prove constructive dismissal, you must demonstrate that the working conditions were intolerable and that you had no reasonable choice but to resign.
Yes, you may be entitled to a severance package if you can establish that your resignation was a result of constructive dismissal.
Consult with an employment lawyer to discuss your situation and determine the best course of action before resigning.
As a contract worker, you have rights related to fair treatment, protection from harassment, and the right to be compensated according to your contract.
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