Constructive Dismissal in Canada

A constructive dismissal is when an employer changes a fundamental term or condition of an employee’s employment without the employee’s consent. This is a common claim in workplace law, and can happen when your employer changes significant aspects of your employment relationship such as work hours, shifts, salary, reporting relationships, etc. It can also occur when your employer creates a hostile work environment where you feel unsafe or uncomfortable in the office due to inappropriate or illegal behavior.

When you have been constructively dismissed, you can file a complaint with the Labour Program and request severance pay. The compensation amount will vary on a case-by-case basis depending on the length of time you worked, your age, and your ability to find another job in your field. It is important to know that your rights and entitlements are protected under the federal legislation, The Canada Labour Code along with provincial employment standards.

Our team of wrongful termination lawyers is highly experienced in navigating the complex areas of employment law and can help you understand your rights and protect yourself in cases of constructive dismissal. We will review the details of your specific situation, answer any questions you may have, and provide a thorough analysis of the facts of your case. We can then offer guidance on the best course of action for you to take.

Whether it is a case of harassment, discrimination, or retaliation against whistleblowers or breach of contract, our team can help you understand your rights and protect yourself. We are a Toronto-based employment law firm with over 30 years of combined experience helping both employers and employees across Ontario.

What is Constructive Dismissal in Canada?

Paulette and her team of employment lawyers at HTW Law have a wealth of experience defending clients against workplace misconduct claims in Ontario, including constructive dismissal. Our team regularly works alongside our employer clients to develop tools for managing employees that shield their businesses from liability. This includes shadowing our client’s business to identify potential areas of risk and conflict before they arise.

If your employer violates your rights, we can defend you in Small Claims Court or Superior Court based on the amount of damages you are seeking. The maximum amount of damages you can seek in Small Claims Court for a constructive dismissal Toronto is $35,000. If your claim is more than this, we will take it to Superior Court.

We will discuss the terms of your employment contract with you in order to assess what legal rights you have against your employer. We will advise you on your options based on the details of your situation and the legal rights you are entitled to under the federal legislation, The Canada Labour Code, as well as provincial employment standards.

If you have been subjected to a constructive dismissal, it is essential that you contact us immediately to ensure your rights are protected. Our team of wrongful termination lawyers is available to help you get the justice you deserve.