Constructive Dismissal and What Is a Hostile Work Environment
Constructive dismissal occurs when a worker’s working conditions are so intolerable that they feel forced to resign. This situation can include any number of workplace-related situations: harassment based on race, sex, religion, national origin, or disability; unequal pay; unsafe working conditions; and other mistreatment. These intolerable working conditions must make it impossible for a reasonable person to continue working and must be caused by the employer’s actions or omissions. A successful constructive dismissal claim can result in damages for lost wages, severance pay, and other losses.
It is important for employees to seek legal advice immediately if they believe they have been a victim of a constructive dismissal. There are strict time limits for bringing a claim, and the sooner a lawyer is involved, the better chance of successfully resolving the issue. If you have questions about a potential constructive dismissal claim, contact Bune Law to arrange a free consultation with a Toronto employment lawyer.
Employers must provide a safe and productive workplace. This is a statutory duty, and an employer can be held liable for damages under the wrongful dismissal legislation if they fail to meet this requirement. In addition, employers can be held liable for harassment and discrimination under the Human Rights Act if they do not take effective steps to address these issues after being made aware of them.
What Is Constructive Dismissal and What Is a Hostile Work Environment?
What constitutes a hostile work environment is not clearly defined, but typically it involves a situation where an employee feels so unwelcome and uncomfortable in their job that they cannot continue to do the job without experiencing distress or discomfort. Examples include having to deal with a racial or sexual slur, or having to work under a supervisor that is younger than they are (a common cause of age discrimination).
It can also include having to perform a different type of work, being relocated from one area to another, or changes to the hours of work that conflict with family or other commitments. This can be difficult to prove, as the employer must have made the change intentionally and without good reason.
In many cases, an employer who is sued for a constructive termination claim will be awarded aggravated or punitive damages. These damages are not meant to compensate the claimant, but rather to deter the employer from committing the same behaviour in the future and to express society’s collective disapproval of the conduct.
To prevent a claim, employers should seek an employee’s consent before making any significant changes to their working conditions. This can help to avoid a lawsuit and can also help to limit the severity of any compensation award. Paulette and her team are strategic problem solvers and can frequently find creative, out-of-the-box solutions to mitigate the risk of a claim for constructive dismissal. Contact Bune Law today to learn more about our services. We will review your situation, examine the terms of your contract and other relevant documentation, and help you decide on a strategy.