Required Constructive Dismissal Documentation
In some cases, it may be necessary to seek legal advice from a professional regarding the termination of a contract. This is particularly true in situations involving constructive dismissal, where it can be difficult to determine whether or not the employer has committed a breach of employment law. In such instances, a lawyer can assist with reviewing the terms of your employment agreement and flagging potential issues that could be used as grounds for filing a claim.
To successfully pursue a constructive dismissal claim, you will need to provide clear evidence that your employer has committed one or more fundamental breaches of your employment contract. These can be relatively stark – such as the failure to pay a bonus that you were contracted for – or more subtle – such as consistently ignoring or turning a blind eye to a pattern of disparaging, demeaning and humiliating behaviours against you by colleagues. Alternatively, an employer may have set such an overly burdensome workload that you can no longer perform your duties effectively or that it will become too difficult to continue working and endanger your health.
It is crucial to remember that you can only claim constructive dismissal if you have been forced to quit your job due to intolerable working conditions. This will typically be the last straw that leads you to resign, not the first incident of unfair treatment. This is because it can be difficult to prove that a series of minor incidents adds up to a significant enough breach that you have been forced to quit.
You must also show that the intolerable working conditions amount to a repudiation of an essential term of your contract. This can occur either before the time for performance arrives (anticipatory breach) or at the time when it does arrive (breach at the point of termination).
Constructive Dismissal Documentation
If you work in a non-unionized workplace, it is important to note that this discussion only applies to non-unionized environments. If you are a unionized employee, your concerns should be directed through the appropriate grievance process.
In order to be able to file a constructive termination claim, you must have been employed for at least two years. During this time, you must have complied with your statutory notice period (which is usually three months). It can also only be claimed in respect of an employer who has changed an express or implied term of your contract. The employer must have made a unilateral change to an existing term, or they must have made changes that a reasonable person would consider to be substantial enough to make the work environment intolerable and therefore unsustainable.
Constructive dismissal occurs when an employee feels compelled to resign from their position due to intolerable working conditions created by their employer. While it resembles traditional resignation, the key distinction lies in the circumstances leading to the departure. Employees facing constructive dismissal often resign as a last resort to escape untenable situations. The resignation process in such cases entails careful considerations and steps to protect one’s rights.
Firstly, it’s imperative for the employee to document instances of constructive dismissal. This includes keeping records of discriminatory behavior, harassment, breaches of contract, unreasonable changes in job duties, or hostile work environments. Documentation serves as crucial evidence should the situation escalate legally.