Constructive Dismissal Claim
If you’ve recently been made to feel intolerable working conditions by your employer, then you may have a constructive dismissal claim. The best way to understand your rights is to contact a wrongful termination lawyer in Toronto. Then you can get the clarity and guidance that you need to take the right actions.
The concept of constructive dismissal essentially means that your work environment has been so intolerable that you’ve had no choice but to resign from your job. It’s not as common as an unfair dismissal, which is a direct breach of your employment contract. Instead, it’s usually a more subtle form of breach which has been taking place over time and that finally culminates in the last straw, forcing you to leave.
Typically, the most effective way to pursue a constructive dismissal claim is by starting the mandatory Advisory, Conciliation and Arbitration Service (ACAS) early conciliation process before deciding whether or not to make your case in court. However, it’s important to note that you can still make a claim under the unfair and constructive dismissal legislation even if you don’t start the conciliation process.
A constructive dismissal case can be very complex. In order to have a good chance of success, you’ll need to prove that your manager or employer has breached the terms of your contract. In general, this includes the following.
Significantly changing your working conditions to the point that they become intolerable. This could include changing your salary, hours or location without your consent. It could also include failing to pay you a bonus that was agreed upon in your contract.
Timeframe for a Constructive Dismissal Claim
It’s also important to understand that this discussion only applies to non-unionized workplaces. Unionized workers will typically be able to resolve their concerns through their unions and the grievance procedures that are in place.
You have two months, less one day, from the date that you resign to make a constructive dismissal claim in court. However, if you’ve already started the conciliation process, then you can extend this period to three months.
When you’re pursuing a constructive dismissal lawyer near me case, it’s crucial to ensure that the letter that you send out to your employer is well-timed. Trying to negotiate a settlement too early can backfire, with your employer arguing that you’ve accepted the behaviour and therefore waived any contractual breach. It’s also worth remembering that the statutory maximum amount that you can sue for is $35,000. This limit will apply regardless of whether or not you go to Small Claims Court or Superior Court.
Fortunately, our team of employment lawyers are well equipped to handle your constructive dismissal claim. We offer a no win no fee option for clients and can help you navigate this tricky area of employment law. To find out more about how we can assist, please fill in our online contact form or give us a call today. We’re located just steps from the intersection of Highway 401 and Highway 404 with ample parking available.
