corporate ethics play in constructive dismissal cases
An employee may be able to claim constructive dismissal if they feel that their employer has made fundamental changes to their employment terms without reasonable justification. These negative changes can include a reduction in salary, a change in work location or the alteration of job duties and responsibilities. The law governing constructive dismissal is complex, and it is best to consult with a Toronto Constructive Dismissal Lawyer.
In general, an employer can only make a change that is “fundamental” to your employment terms in a few ways. The nature of these changes is largely dependent upon the facts of each situation. For example, being moved from one desk to another will probably not constitute a fundamental change in the context of your contract. However, if the new location is far from your home and increases your commute time significantly, or it essentially reduces your role in the company hierarchy or job status, it may well qualify as a fundamental change.
A key issue is that an employer must provide a justification for the change, which means that it cannot simply say something like “we need to restructure the department”. This is not a justification under any circumstances and would be considered a breach of your employment contract. In some cases, your employer might be able to defend the move by demonstrating that it was part of a wider restructuring that was necessary for the future success of the business.
What role does corporate ethics play in constructive dismissal cases?
In other cases, your employer might not have the right to change a term of your contract. For instance, an oral promise that was made prior to the signing of your contract might be deemed binding and would be difficult to challenge in court. A breach of an implied condition might be harder to prove, but it could be based on bad faith behaviour that destroys the employer-employee relationship of trust and confidence without reason.
Other kinds of conduct might be seen as a breach of your employment contract, including bullying or harassment, which can cause you to feel that the workplace is intolerable and that you have no choice but to leave your job. The type of conduct that might amount to this kind of breach will vary from case to case, but it might be a pattern of abuse or an isolated incident that ultimately makes you feel that you have no choice but to quit.
Likewise, if you are required to report your employer to a regulatory body and you do not do so promptly or accurately, this might cause you to resign. Although this might not be a breach of your contract, it could give rise to a claim for constructive dismissal lawyer near me if you feel that the error resulted in stress and anxiety that caused you to resign.
An experienced employment lawyer can help you with any problems that arise from your work environment. You should contact Ball Professional Corporation, a Constructive Dismissal Lawyer in Toronto, as soon as you think that you have been wronged in the workplace to prevent the problem from worsening.
