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How Much Constructive dismissal Am I Entitled To?

Constructive dismissal Am I Entitled To

Essentially, you are entitled to a sum of money that covers the loss of income you experienced as a result of being constructively dismissed. This includes your base salary as well as any bonus payments or commissions you had a reasonable expectation of receiving, even if they were discretionary. You can also claim loss of other non contractual benefits such as a company car or private medical insurance, provided you had a reasonable expectation of receiving them.

In order to receive the full amount of damages, it is necessary that you made “reasonable efforts” to find new employment. This would include regularly searching for jobs, attending job interviews and generally making yourself available to prospective employers. In some cases, court awards will also take into account aggravated and moral damages. These are awarded in addition to your regular compensation and can be quite substantial.

In Ontario, an employer can be considered to have committed a constructive dismissal if they make your working conditions intolerable and significantly different from those that were agreed upon in your employment contract. This is considered to be a breach of the term of trust and confidence implied in all contracts of employment.

How Much Constructive dismissal Am I Entitled To?

For example, if your employer changes your work schedule without notice or explanation and requires you to travel to locations that are far away from home, this could make your working conditions intolerable. It may also be a breach of your right to a family life if the travel interferes with your child care or household duties. Similarly, if your employer expects you to work evenings and weekends without providing adequate staff coverage, this can also be seen as a fundamental change that makes your working conditions intolerable.

Oftentimes, this kind of conduct can be difficult to prove because it is not always written down in writing. That is why it is important that you keep track of any incidents of workplace misconduct and document any conversations you have with your employer about them. This could be via emails, voicemails or letters. It is also essential to take detailed notes during or immediately after any meetings in which these issues are discussed.

Another way that an employee can be found to have been constructively dismissed is when their employer demonstrates disregard for the Employment Standards Act. The ESA sets critical employment terms such as minimum wage, leave entitlements and termination procedures, among other things. Any breach of these terms can constitute constructive dismissal lawyer.

It is important that you consult an experienced employment lawyer to help you determine if your circumstances constitute a valid constructive dismissal claim and to guide you through the process of filing a claim. Our Toronto wrongful dismissal lawyers at Ball Professional Corporation can help you assess your situation, determine an appropriate claim amount and negotiate a settlement with your former employer. Contact us today for a free consultation.


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