How to Prove Constructive Dismissal

Prove Constructive Dismissal

As an employee, you have certain employment rights and protections under the law. When your employer violates these rights or otherwise creates intolerable working conditions, you may be able to make a claim for constructive dismissal. However, it can be difficult to understand when your working conditions have become intolerable and how to proceed with a claim. To help you, we have put together a guide to explain what constructive dismissal is and how to prove it.

The basic definition of a constructive dismissal is that an employer breaches a legal duty to you by making your working conditions intolerable such that you are left with no choice but to resign. The burden of proof in a constructive dismissal case is on the employee, meaning that you have to show that your employer’s behaviour was so serious and intolerable that it forced you to leave your job. It is essential to document all instances of misconduct by your employer, including retaliation or harassment. It is also a good idea to seek out the advice of an experienced employment lawyer before taking any action.

Your employment contract will include a number of “implied terms,” or those that are not expressly written out but are established through common law, custom and practice. Those terms can include a “duty of mutual trust and confidence,” which means that both parties must treat each other fairly and with respect. The duty of loyalty and trust extends to an employer’s treatment of employees as well.

How to Prove Constructive Dismissal

An employer breaching the duty of trust and confidence in a workplace can take many forms, but it often involves making a significant change to an employee’s work conditions or employment relationship without their consent. It could be a unilateral change to an employee’s job duties or responsibilities, a change to an employee’s salary or benefits or a change in the place of work that is so substantial it effectively terminates the employment relationship.

Other examples of an employer breaching the duty of trust and confidence can include a significant decrease in pay, demotion or removal from a role, discrimination or harassment in the workplace, retaliation after you report wrongdoing or participate in an investigation, and other forms of poor treatment and conduct. It is important to address issues such as these immediately and to document them, especially if you feel that they have made your working conditions intolerable.

If you believe your employer has breached the duty of trust and confidence in your employment relationship, or if you are retaliated against for raising concerns, it is crucial to seek out the assistance of an experienced constructive dismissal toronto lawyer. The team at Bune Law can review your situation, determine whether there are grounds for a constructive dismissal claim, and help you navigate the process of taking legal action. Contact us today to schedule a consultation with one of our knowledgeable and experienced lawyers.

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