Constructive Dismissal What is constructive dismissal? A constructive dismissal occurs where one party to the contract, typically the employer, unilaterally changes a fundamental term or terms of the contract. What is “fundamental” has been determined by the courts. For the employer…
A different kind of wrongful dismissal Constructive dismissal is an area of employment law that is highly technical. It requires specific legal expertise to understand and resolve. Many constructive dismissal cases fall apart in trial because the plaintiff did not…
Companies that wish to avoid constructive dismissal claims need to be careful when initiating disciplinary actions for employees who fail to follow policy or protocol. These actions vary and can include verbal or written reprimands, suspension with or without pay,…
What exactly is constructive dismissal or wrongful dismissal? Do you suspect that your employer is trying to force you to resign by making your work life difficult or impossible? Has your employer reneged on certain contractual agreements? Has your salary…
A recent decision of the BC Court of Appeal makes for some interesting reading. The case involved a plaintiff employee who was 66, had 18 years of service and who was employed as a receptionist. She also earned additional money…
Be careful when dipping a toe into these murky legal waters In all wrongful terminations, the onus of proving the fact that there has been a dismissal rests on the employee – which makes constructive dismissal a risky form of…