Job Duties Lead to Constructive Dismissal
In the employment law world, an employer can make changes to an employee’s duties – but not every change is the same. Some changes could result in a constructive dismissal, and the employee is entitled to compensation if this happens. However, there are certain conditions that need to be met for a constructive dismissal to occur. These conditions include:
It is important to understand that an employer’s conduct can cause a constructive dismissal and that it’s not just the change in work duties that matters. The change in work duties must be fundamental and it must be a change that would cause a reasonable person to find the employment relationship significantly altered, even if the change isn’t necessarily negative. Having evidence of a significant change is crucial for an employee who wants to pursue this claim, whether it’s a verbal or written notice from their employer.
For example, a change in work hours or shifts can lead to constructive dismissal if they are significantly different from the original job description. In addition, a reduction in salary could be seen as a change in job duties that substantially alters the employment relationship. Demoting an employee can also be considered a significant change in job duties, particularly if the demotion is without explanation and appears to be unfair. Another example is requiring an employee to move to a new location which significantly alters their commute or work-life balance.
Can a Change in Job Duties Lead to Constructive Dismissal?
In most cases, in order to make a claim for constructive dismissal, the employee must resign from their position. This can be a difficult decision, especially when an employer is offering severance pay or other benefits. However, it is important to consult with a Toronto Constructive Dismissal Employment Lawyer before making any decisions or taking steps towards resigning. By consulting with a lawyer, an employee can ensure that they are receiving all the compensation they deserve.
Aside from a significant change in duties, an employee can make a claim for constructive termination if they are subjected to intolerable working conditions. This can include allowing bullying, harassment, disparagement or other types of inappropriate treatment from management or co-workers.
Providing evidence of these intolerable conditions is crucial for an employee who wants to seek damages for constructive dismissal. This can be done through documentation and witnesses. In addition, employees must demonstrate that their employer knew about the intolerable working conditions and did nothing to address them. Typically, to bring a claim for constructive dismissal, an employee must first have tried to resolve the situation internally – either informally or formally, both verbally and in writing. If they were unable to do so, then they may be able to file a claim with a Toronto Constructive Dismissal Lawyer.
