Breaking Down Constructive Dismissal You may or may not have heard of this term, but if you have, you need to understand precisely what it means. Constructive dismissal is when there has been a unilateral and fundamental change to the workplace that isn’t condoned by the employee. This could be due to changes that are imposed by the employer including a toxic or hostile work environment. If the terms of employment have been fundamentally changed in a negative way, an employee may have the legal recourse to bring a constructive dismissal claim and seek full severance pay. Now, the amount of severance an employee may be entitled to depend on several factors, including the nature and character of the employment, the length of service, the age of the employee, and the availability of similar employment having regard to the experience, training, and qualifications of the employee. What scenario may constitute a constructive dismissal? . There are multiple scenarios that may occur in the workplace that could be considered constructive dismissal. In order for a constructive dismissal claim to be legitimate, the change made by the employer must affect an important part of an employee’s job and change must be unilateral and fundamental. This can happen when the employer makes changes that breach the employment contract or when the employer’s actions create or contribute to a hostile work environment. Even if the employer didn’t have any intention of forcing the employee from their position, a fundamental change to the employment contract or work environment may still constitute a constructive dismissal. Some examples of constructive dismissal may include: ● ● ● ● ● ● ● ● ● ●
Temporary layoffs Vaccination Policy Fundamental reduction in pay Demand to return to the workplace A fundamental change to the work location Demotion A fundamental change to work hours Harassment or abuse Toxic work environment Unsafe workplace