Can Constructive Dismissal Occur Due to Breach of Non-Compete Agreements?
3 min readConstructive Dismissal
As a worker, you have the right to be treated fairly and with respect. When your employer creates intolerable working conditions and you resign as a result, you may be eligible to claim constructive dismissal in court. However, it’s important to know what constitutes a constructive dismissal before you decide to take legal action.
A constructive dismissal occurs when your employer makes a fundamental change to a term or condition of your employment contract. This can occur in either words or actions. The changes must be so substantial that they effectively terminate your employment relationship and force you to resign as a result of the intolerable working conditions. A court will review the evidence to ensure that a termination occurred. The definition of what constitutes a change that is fundamental will vary depending on your specific situation and circumstance. Generally, the alterations must be to your compensation, role, or duties. This can include a significant reduction in your pay, an unjustified demotion or even a shift in location.
While there are many factors that can lead to a constructive dismissal, one of the most common is the violation of an implied term in your contract. This is a term that states “[e]very contract of employment imposes on the employer the duty to treat the employee with reasonable respect and confidence.” The courts will look at your circumstances to determine if there has been a breach of this implied term in your contract and whether a constructive dismissal has taken place.
Can Constructive Dismissal Occur Due to Breach of Non-Compete Agreements?
The resigning employee must have been left with no other choice but to resign. This means that you must be able to demonstrate that your employer created intolerable working conditions in such a way that you were forced to quit your job, making it impossible for you to continue to perform your duties and responsibilities. This can be a difficult task and that’s why it is essential to have an experienced Toronto constructive dismissal lawyer by your side.
Your Toronto employment lawyer can help you understand your rights and provide guidance on the best course of action for your specific circumstances. Depending on the nature of your complaint, your lawyer can also work with you to file an employment law claim against your employer in court.
The issue of constructive dismissal lawyer near me often comes to the attention of the public when high-profile cases involving top political figures are involved. The Home Secretary Priti Patel and Leeds United assistant manager Nigel Gibbs have both claimed to have been constructively dismissed from their roles for a variety of reasons. These included being excluded from team trips and training sessions, demoted to be responsible for the youth and U21 teams, and not issued with the new season kit.
In a non-unionized workplace, workers are usually employed on an at-will basis, meaning that they can be fired at any time for any reason or for no reason at all. Regardless of whether you are in a unionized environment or not, it is vital to speak to an experienced Toronto constructive dismissal lawyer as soon as possible if you feel you have been unfairly treated at your workplace.