How Do Courts Assess Damages in Constructive Dismissal Cases?
Courts Assess Damages in Constructive Dismissal Cases
In the event of constructive dismissal, employees have a claim for damages to compensate them for loss of future earnings together with past lost earnings and statutory notice pay. Damages are also available to compensate for the injury to an employee’s reputation and mental distress. In addition to compensatory damages, in a rare circumstance punitive damages may be awarded to express society’s repugnance for an employer’s conduct and deter similar misconduct in the future.
The key to establishing a constructive dismissal claim is proving that your working conditions are intolerable and amount to a fundamental breach of an essential term of your employment contract. The circumstances that can constitute intolerable working conditions are very broad and will vary from case to case. For example, your employer could change your work hours, ask you to do additional tasks or even just change how you do your job. It would not matter if the change is small, for instance your employer may have asked you to work longer shifts. It would only matter if the change was significant and made it difficult to continue to carry out your duties successfully.
Another consideration is the impact that the situation has had on your life. For example, imagine that your manager continually berated you over mistakes that you make at work. This would be a clear breach of the workplace’s culture and your right to work in an environment that is safe and free from harassment and discrimination. The constant criticism was intolerable and you resigned from your job as a result.
How Do Courts Assess Damages in Constructive Dismissal Cases?
It is important to note that an employee who resigns from their job without another job lined up can be negatively viewed by potential employers. Employers can be skeptical of candidates who resign without another job to go to since it is often viewed as a risky move that could cost them money.
As such, it is very important for an employee to keep a record of their efforts to find new work and any other reasonable steps they have taken to mitigate the impact on their life. For example, it is often a good idea to start a job search soon after resigning and make sure that the effort is consistent and active over time.
A qualified Toronto constructive dismissal lawyer will take the time to review all of the facts in your case and determine whether you can make a successful constructive dismissal claim. Damages can be high in these cases and it is important to get legal help as soon as possible.
If you are dealing with a workplace issue that is causing you stress, please contact Benjamin Law. Our team of experienced employment lawyers can provide you with the best legal representation and guidance on your case. To learn more about our services, speak with a member of our team today!