Constructive Dismissal
Constructive dismissal occurs when an employer makes a fundamental change to your employment. As a result of this significant change an employee has the option to declare their employment terminated, even though the employer has not expressly done so. Minor changes to the employment relationship often do not qualify as constructive dismissal.
This is a complicated area of law that requires careful analysis, and which demands a swift response by the affected employee.
Tips for dealing with constructive dismissal:
- Obtain prompt legal advice. If you delay in responding to a potential constructive dismissal situation, you may be deemed to have accepted the employer’s changes by your inaction.
- Do not accept the employer’s changes to your job. Formal acceptance removes your ability to assert a claim for constructive dismissal.
Common Examples of Constructive Dismissal
Constructive dismissal comes in many forms. Some common examples of constructive dismissal are:
- Elimination or reduction in wages, salary, commissions, bonuses or other employee benefits
- Forced geographical relocation
- Workplace harassment and discrimination
- Demotion
- Temporary layoffs
- Hostile or unsafe working environments