Wrongful dismissal vs. Constructive dismissal

Wrongful dismissal vs. Constructive dismissal.  Whats the difference? When an employee/employer relationship becomes frustrated, there are a lot of concerns that arise.

There are many reasons as to why an employee might lose their job, sometimes due to no fault of their own.  However, there are some circumstances where the employee loses their job without cause.  In another instance, the employee might be constructively dismissed.

What constitutes wrongful dismissal?

In a wrongful dismissal case, the employer has terminated the employment without any reason, which constitutes to the employer breaching the employment contract thereby acting in contradiction to the legislation and/or the established common law practices. In a wrongful dismissal case, the employee has not been given any notice that their employment will be terminated or compensation for termination of their employment. Under these circumstances, there are rights that the employee may entitled to under the law.  

What constitutes constructive dismissal?

Constructive dismissal occurs when the employee is forced to leave the workplace due to the employer creating a hostile working environment or demonstrating that they are no longer willing to be bound to the employee’s contract, making it impossible for the employee to continue working.  Since the employee was forced to leave the workplace, it makes the employee’s action of quitting involuntary.

However, it is important to note that the changes that the employer made to the workplace had to have been major not minor, as the employer is entitled to make certain changes around the work place.  If an employee finds themselves to be constructively dismissed, compensation may be available to them. 

If you are torn between Wrongful dismissal vs. Constructive dismissal then you need to call us.  These types of cases are very complex, and letting time pass before you seek legal advice may be detrimental. 

We believe affordable justice should be accessible to everyone. Trust the professional advice of Balatidis Legal Services; an employment law paralegal servicing Mississauga, Brampton, Toronto, Oakville, Burlington and Hamilton.