Constructive Dismissal
An employer can’t just unilaterally change the terms of employment of a seasonal employee. They must be able to demonstrate that the changes were a fundamental breach of their contract and made it untenable to continue working for them. The breach could be either express or implied. An express breach is one that is written into the employment contract, such as a salary reduction without significant business reasons. An implied breach is an action or omission that amounts to a repudiation of an essential term of the employment contract, such as the duty to maintain trust and confidence.
Often, the behaviour that gives rise to a claim for constructive dismissal is not just one incident but a pattern of conduct over time. For instance, an employer might single out a seasonal worker with constant criticism or demeaning remarks at company meetings. This can erode an employee’s trust and lead them to feel they have no choice but to resign.
It is also possible for an employer to be considered to have breached a fundamental term of the employment contract by failing to deal with an employee’s grievance. It is important that an employee take the initiative to raise a grievance with their employer and not wait for them to notice it. This is not always easy, especially during high-pressure organizational periods. However, the failure to deal with a grievance can be a fundamental breach and give rise to a claim for constructive dismissal.
Can Constructive Dismissal Be Offered For Seasonal Employees?
When employers reduce salaries for a particular group of employees without significant business reasons, it can be seen as a discriminatory action and give rise to a claim for constructive termination. This is because the employer’s actions could be viewed as a breach of an implied duty to treat employees fairly, or even a breach of the obligation to provide safe and healthy workplaces.
In many cases, a successful claim for constructive dismissal will result in the employee being entitled to compensation. This compensation is typically based on the length of employment, age, position and the likelihood of finding comparable work. An experienced lawyer can negotiate the best possible settlement for their client in a constructive dismissal case.
If you feel that your employer has acted unreasonably and caused you to feel intolerable working conditions, a Toronto constructive dismissal lawyer can advise you about your options. Contact a lawyer today for a no-obligation free initial consultation. Many contract workers work in industries where they’re frequently subject to changes and challenges. As such, they may be concerned about the implications of these changes and their impact on their livelihoods. Fortunately, if a change is deemed to be constructive dismissal by a tribunal, the worker can potentially receive damages for breach of contract. Typically, employees who experience constructive dismissal will have tried to resolve the issue internally by raising their concerns with management. If that fails, they’ll likely resign, and will then file a claim for compensation with the appropriate tribunal.
