Since 2020 and the pandemic, employability in general has suffered a downward trend, with people getting laid off or having their benefits slashed in order for businesses to continue operating. While governments did step in to ensure that nothing untoward happened to the public en masse, it still wasn’t enough, and now, things like temporary layoffs and constructive dismissals have become part of our common lexicon; people now have a greater awareness of such things and fortunately, know their rights and how they can ensure that they aren’t left in a financially precarious state what with mortgages, car loans, student loans, and other responsibilities always looming. In this blog post, we’ll take a look at constructive dismissal in Ontario and the constructive dismissal employment law and more importantly, what are the legal options available to you as an employee who might be on the receiving end of such a decision.
Nothing good comes out of knowing the law alone. You need somebody to help guide you through to the end. By utilizing our knowledge, experience and legal expertise, Dharsi Law is more than capable of handling whatever case you might have for constructive dismissal in Canada. By getting Dharsi Law on your case, you’ll be guaranteeing for yourself a better future where the law works for you and ensures that your legal, and economic rights are protected and taken care of.
Let’s start by looking at what constructive dismissal is in Ontario.
Constructive Dismissal: What Is It?
Constructive dismissal might be considered by many to be overly complicated and a case-sensitive description, but the definition might help people understand the basic tenets or properties that are considered by Ontario law as constructive dismissal.
“Constructive dismissal occurs when an employer, without gaining the explicit consent of the employee, implements fundamental and significant changes to the basic terms of the employee’s contract. These unilateral changes can be anything but specifically include job duties, workplace location, working hours and working conditions, benefits, perks and privileges and even compensation. The only course of action for said employee then is to resign from their current position and terminate the contract of employment on their behalf.”
While constructive dismissal entails in it a lot of factors and signs, which will be discussed below, let us start with the legal options that are available to you as an employee in Canada and how you can ensure your legal, economic and employment rights are protected.
What To Do In The Case of A Constructive Dismissal?
The first thing that needs to be done in the case of constructive dismissal is to ensure that your consent or approval of the drastic change in terms is not given to the employer. Once you have been informed of such a change, it is important to have documentation and physical evidence of three things,
The conditions prior to the act of constructive dismissal
Conditions levied afterward (without employee consent)
Employee’s refusal to accept the unilateral change in job description/ duties
These three will help make a solid argument for your case against the employer. And as an extra golden tip, consult a lawyer, preferably one specialized in employment law, who can help you navigate this complex terrain with ease and explain everything to you, helping you inch closer to success in your case for justice.
Legal Help For Constructive Dismissal
Legal help is absolutely crucial in cases where constructive dismissal might be the reason why an employee quits. Without competent legal professionals by your side, you will not be able to express your grievances and issues convincingly to the employer and to the courts, which will seriously affect your ability to defend your rights and ensure the protection of your interests.
But before that, before you get a lawyer on board, it is imperative to do what is necessary in order to start building a case for yourself. The first step? Once such a step at your workplace is taken that could potentially lead to a constructive dismissal, your first step should be to document all such relevant changes, and also document any communication that you might have had with your employer over this. These will form the basis of your case against your employer should push come to shove, but first, with exceptional legal service, you can always expect an amicable settlement that protects your rights and financial health without escalating the situation too much.
In some instances, you may negotiate a settlement directly with your employer, which could involve financial compensation or other favorable terms. If negotiations are unsuccessful, you may opt to pursue damages through legal proceedings. Depending on the specifics of your case, reinstatement to your previous position could also be an option, although it is less common. An experienced employment lawyer will guide you through the complexities of filing a claim, gathering necessary evidence, and presenting your case effectively. They can also advise on the potential outcomes based on similar cases and help you make informed decisions.
Understanding your rights and options under Canadian employment law can empower you to make informed choices and seek fair treatment. Consulting with a skilled lawyer ensures you are equipped to handle this challenging situation and pursue the best possible resolution for your case.
Resolution For Constructive Dismissal Cases
One of the most common points of contention in cases involving constructive dismissal is financial compensation. If the employer is willing to cushion the potential financial fallout that an employee may experience due to such a decision, in most cases, an amicable resolution of the entire case is possible, and it ensures that the employee doesn’t have to go through the issues associated with an economic downturn.
There is also the possibility that an employer may be able to reinstate or in some cases, rehire the person on the same position as before, albeit without the job details or descriptions that may have been part of the reason why they switched or quit their job. However, given the complex nature of employer-employee relationships and the power dynamics that shape up once such actions have been initiated by the employer make this particular option rare and infeasible for many. However, one thing is for certain: the better legal representation you have in such cases, the more likely it is that the result or outcome will be much more favorable.
Dharsi Law: Best Employment Lawyers In Toronto!
The law is sacred, and is drafted for the protection of the rights of the people. Should you feel like you have been constructively dismissed, the law is designed to help you get justice and to protect your financial and professional interests and rights. At Dharsi Law, our focus is on those rights and interests; legal, professional and financial rights that might have been wronged by your employer. With Dharsi Law by your side, expect nothing short of excellence in the pursuit of justice.
