{"id":1106,"date":"2014-04-03T16:07:44","date_gmt":"2014-04-03T23:07:44","guid":{"rendered":"https:\/\/yeageremploymentlaw.com\/?page_id=1106"},"modified":"2024-03-28T19:08:30","modified_gmt":"2024-03-29T02:08:30","slug":"constructive-dismissal","status":"publish","type":"page","link":"https:\/\/yeageremploymentlaw.com\/dismissal-types\/constructive-dismissal\/","title":{"rendered":"Constructive Dismissal"},"content":{"rendered":"
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Constructive Dismissal <\/strong><\/h1>\n<\/div>\n<\/div>\n<\/div>\n
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Learn more\u00a0<\/span><\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n
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What is constructive dismissal?<\/span><\/h2>\n<\/div>\n<\/div>\n<\/div>\n
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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 \u201cfundamental\u201d has been determined by the courts.  <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n

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For the employer to act unilaterally means that the employer made the change and put it into effect without the agreement of the employee. If you were terminated from your employment then you may have a <\/span>wrongful dismissal <\/a>case under constructive dismissal laws in BC, in which case fill out our <\/span>dismissal questionnaire<\/a>.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Where a constructive dismissal occurs, usually, it is the case that the change made by the employer is not to the benefit of the employee. (Theoretically, a beneficial change without consent might be a constructive dismissal, but most employees don\u2019t complain about these changes).  Once the employer breaches a fundamental term as described above, they are in fundamental <\/span>breach of the whole contract<\/a>, and the law considers that the employer has repudiated (or rejected) the contract. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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When this happens the employee is entitled to accept the repudiation, bringing the contract to its end. The employee is then allowed to pursue the employer in damages for the breach. Damages for such breach are usually calculated in terms of the <\/span>reasonable notice <\/a>set out in the common law but may be based on a contractual notice provision, where the wording of the contract supports this.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/section>\n

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Common examples of fundamental breaches<\/span><\/h2>\n<\/div>\n<\/div>\n<\/div>\n
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