Employees
Constructive Dismissal
If your employer has made substantial, unilateral changes to your job without your consent, or you are experiencing a hostile or toxic work environment that makes continuing your employment unbearable, constructive dismissal may have occurred. As a result of this substantial change, an employee has the option to declare their employment terminated, even though the employer has not explicitly done so. Minor changes to the employment relationship often do not qualify as constructive dismissal.
Common Examples of Constructive Dismissal
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Elimination or reduction in wages, salary, commissions, bonuses, or other employee benefits; -
Forced geographical relocation;
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Workplace harassment and discrimination;
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Demotion;
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Temporary layoffs; or
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Hostile or unsafe working environments.
Tips for Dealing with Constructive Dismissal:
In Alberta, Employers are able to make reasonable or minor changes to your duties, job, or pay. Reasonable or minor changes include minor adjustments to your job role or responsibilities that don’t substantially impact your employment terms. For example, slight changes in work schedules, job tasks, or reporting relationships would be classified as “minor changes” and would not constitute constructive dismissal.
Employment Contracts and Constructive Dismissal
Your employment contract may have clauses which allow for specific changes that would otherwise constitute constructive dismissal. Ensuring that you understand the terms of your employment contract is crucial, as by accepting the employment contract you agree to all clauses contained within the employment contract.
Constructive Dismissal Damages
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