Constructive dismissal generally arises in one of two ways: where the employer changes an important term or condition of employment without adequate notice and consent, or, there is a hostile or acrimonious work environment.
The employee has the onus of proving that an employer constructively dismissed an employee by establishing, on a balance of probabilities, based upon objective evidence, that the employer’s behavior or acts and/or omissions amounted to a repudiation of the employment relationship.
It is important to obtain experienced and reliable legal advice as early as possible to assess the viability of a constructive dismissal claim and to develop a strategy to achieve the desired results.
It is best to obtain legal advice before making the decision to leave your employment or unilaterally implementing fundamental changes to the terms of an employment relationship. Jagtoo & Jagtoo, employment lawyers, can help avoid or minimize devastating consequences.