Constructive Dismissal

You can be dismissed even if you still have a job. A constructive dismissal occurs when your employer makes a significant change to a basic term or condition of your employment without your actual or implied consent. This can include:

  • a decrease in pay,
  • a demotion, or
  • a change of work location.

It can also occur if you find yourself in a poisoned workplace. If your employer allows you to suffer bullying and harassment, that is a fundamental breach of the contract.

Navigating a constructive dismissal situation on your own can be extremely challenging, and there are many potential pitfalls. You have to know your obligations and also understand the strategies; otherwise, you might inadvertently do something that will compromise your rights. You might be found to have accepted the changes, or to have failed to mitigate your damages, both of which can eliminate or reduce the value of your claim.

We can assess your situation, determine if you have been constructively dismissed, and then work with you to determine the  most effective strategy to enforce your rights.