While most employment terminations are usually done via a letter or in a face-to-face meeting, not all dismissals are so cut and dry. A constructive dismissal is a dismissal of an employee that arises as a function of an employer changing the terms of employment for an employee unilaterally. Such a change can rise to the level of a constructive dismissal, entitling the employee to take the position that they have been terminated and are entitled to damages.
What is the threshold for constructive dismissal?
Not just any change to the employment relationship can result in constructive dismissal. It is the nature of business that changes need to be made from time to time with respect to personnel and operations. However, if an employer makes a unilateral change to an employee’s pay, position, duties, hours of work or location of work, such that they fundamentally alter the employment contract terms … Continue reading