Can Constructive Dismissal Occur Due to Harassment Or Bullying?

Constructive Dismissal Occur Due to Harassment

An employer is generally permitted to make changes in terms and conditions of employment without violating an employee’s contract if those changes are “reasonable in the circumstances.” However, if an employer’s actions create intolerable working conditions that force an employee to resign, that could constitute constructive dismissal. If you believe that your employer’s actions have made your work life intolerable, an experienced Toronto Constructive Dismissal Lawyer could help you pursue legal action against them.

constructive dismissal typically arises due to a breach of an implied term of trust and confidence in every contract of employment. This is a fundamental concept that essentially states that employers are not allowed to act in bad faith and destroy the relationship of trust between themselves and their employees. It’s important to remember that the breach of this term doesn’t necessarily have to be explicit. Often, a breach of this term can occur through actions that may be less obvious and harder to prove, such as a pattern of harassment or bullying.

For example, let’s say you are an ambitious and hard-working sales representative. You’ve worked hard for three years at your job, taking pride in your responsibilities and making sure you’re meeting the company’s sales targets. However, recently you started to notice that your manager’s attitude toward you has changed. She’s no longer encouraging you and has started criticizing your performance in private. The criticism has become constant and it’s becoming increasingly demoralizing, which leads you to decide that the only option is to resign from your position.

Can Constructive Dismissal Occur Due to Harassment Or Bullying?

If your employer’s behavior has created intolerable working conditions and you’re ready to quit, it’s important not to do so too quickly. Your employer will likely argue that, by not leaving right away, you have essentially affirmed that you’ve accepted their mistreatment and have agreed to stay. It’s also important to note that resigning from your job can have repercussions in other areas, such as delaying your Jobseeker’s Allowance and impacting your benefits.

You should first address your concerns formally with your employer and try to find an acceptable solution to the problem. This can be done either verbally or in writing and should include evidence of the problems you’re experiencing. Keeping records of conversations and documentation is crucial for any workplace matter, including constructive termination.

There are a number of different factors that can be considered when evaluating whether your employer’s conduct constitutes constructive dismissal. The first is the degree to which the change was a significant alteration in terms and conditions of employment. This would include changing your salary, redefining your job responsibilities or reporting structure, eliminating defined terms of employment, reducing wages and benefits, changing the location of your employment, or a combination of any of these.

The second factor is the reason for the change in the terms of employment. For example, if your employer reduces your wage for no apparent business reasons but offers raises and promotions to other employees, this might be construed as discrimination. A third consideration is the effect of the change in your working conditions on your ability to perform your duties successfully. For example, if you’re unable to meet your sales targets because of a lack of staff support, this may be grounds for a claim of constructive dismissal.