Are There Time Limits For Filing a Constructive Dismissal Claim?

Time Limits For Filing a Constructive Dismissal Claim

If you have been subject to workplace bullying, harassment, discrimination or a dangerous work environment that left you with no other choice but to quit your job voluntarily, you may be entitled to claim constructive dismissal. The law deems your resignation to be the same as a termination for purposes of awarding damages and calculating your loss of income. You must also make a diligent effort to find another job in order to mitigate your losses.

There is no specific time limit for you to file a claim for constructive dismissal with the court, however, it is recommended that you do so as soon as possible. The longer you wait to contact a lawyer, the more likely it will be that your case will have expired and you won’t be able to pursue your claims.

In order to successfully bring a constructive dismissal action, you will need to prove that your employer’s actions constitute a fundamental breach of contract. This can be either an express term or an implied term of your employment contract, and it can include any act or omission that could damage the trust and confidence between you and your employer.

Are There Time Limits For Filing a Constructive Dismissal Claim?

This includes any physical threats, major changes to your salary and shifts, or a massive reduction in work responsibilities. You can also be deemed to have been constructively dismissed if your employer made you relocate to a different location without giving you adequate notice or justification. Other examples include reassigning you to a less desirable role or significantly changing your reporting structure.

In the case of serious or recurring issues such as workplace bullying, harassment, intimidation and/or violence, your employer has a duty to address them and take appropriate steps to stop them. A failure to do so can lead to costly constructive dismissal claims and create a dangerous work environment that is untenable for employees.

The best way to build a strong case for constructive termination is to document all the relevant details of your situation. Taking contemporaneous notes on occurrences, including when and where they occurred will help you to form a clear picture of your situation. You should also seek out a Toronto constructive dismissal lawyer as soon as possible, and have them assist you in building your case.

Aside from proving that you have been constructively dismissed, you will also be required to demonstrate that your loss of earnings and benefits as a result of the breach of contract were substantial. This is why it’s so important that you document all of the events and activities that have been occurring, as well as any losses incurred as a result.

Your employment lawyer will be able to advise you as to what is considered a reasonable effort to mitigate and how much you can expect to receive for your loss of income. Whether you are seeking damages through Small Claims or Superior Court, your lawyer will be able to determine the maximum amount of compensation that you can seek based on your individual circumstances.