Constructive Dismissal Appeal Process
If an employee feels they’ve been constructively dismissed, they may be entitled to damages. This claim is distinct from wrongful termination, where an employer terminates the contract of employment without reason. In a Constructive Dismissal case, an employee must have been terminated because of a change in the work environment that made it impossible for them to do their job properly. A lawyer can help determine if an employee has been constructively dismissed and can assist them in seeking compensation for their loss of wages, benefits, and reputation.
Usually, to make a claim for constructive dismissal an employee will need to resign their job. This is important because, if an employee continues to work for their employer after being subjected to significant changes in the workplace, they may be deemed to have positively affirmed their employment contract and thus waived any right to claim constructive dismissal. The employee will also need to prove on a balance of probabilities that they were constructively dismissed, and this is easier to do when the claimant has resigned.
In addition, to successfully claim a constructive dismissal, the employee will need to show that their employer knew about the intolerable working conditions and did not act to remedy them. This is generally established through an employee’s statement to HR or other documented evidence, but the employee must have also raised a complaint in a timely fashion to give their employer an opportunity to rectify the situation. This requirement is often referred to as the duty to mitigate, and failure to do so may result in less money being awarded at trial.
What is the Constructive Dismissal Appeal Process?
An employer must also make the required effort to find a replacement for the employee to avoid being found in breach of their duty to mitigate. This may be a requirement of the employment contract or an obligation under provincial law. The amount of damages awarded for a constructive termination will vary based on the severity of the circumstances and may be accompanied by costs, including court fees and legal disbursements. In many cases, the employee will be able to retain their notice period and severance pay, but this will depend on whether or not they are entitled to such payments under their contract of employment.
A constructive dismissal appeal process is similar to a wrongful termination case and the employee will need to compile documentation to support their claim, such as any written or oral notices from their employer, emails, letters or other communication, as well as notes of any meetings or discussions with their supervisors. The law firm of JPAK Employment Lawyers can provide advice and assistance to employees who feel they have been constructively dismissed, or need help pursuing financial remedies for their loss of income.
If you are interested in speaking with a Toronto Constructive Dismissal lawyer regarding your work situation, contact Bundle Law today for a free consultation. Our experienced team will review your case and determine if there is a basis to file a claim for constructive dismissal.
