Constructive dismissal generally arises in one of two ways: if the employer unilaterally and significantly changes one or more of the existing terms and conditions of the employment relationship; or, if an employee is forced to work in a hostile, poisoned 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.