Labour Standards
Constructive dismissal happens when your employer seriously changes or breaks your employment contract, or forces you to quit through their actions.
In these situations, even though you are the one who resigns, the law may treat it as if you were dismissed. Another term for constructive dismissal is “quitting for good reason.” If you voluntarily leave your job without these kinds of circumstances, it is considered a resignation.
In a constructive dismissal, you may leave your job and pursue a claim similar to wrongful dismissal. Even though you are the one who quits, it is the employer who breached the contract, and you may be entitled to the same notice or severance as if you had been terminated without cause.
Common examples of constructive dismissal include major cuts to your pay or benefits, changes to your job duties, relocation to a new work site, or changes to- or a reduction of hours of work.
Whether your employer’s actions could constitute constructive dismissal is always dependent on the circumstances of the case. Constructive dismissal cases can quickly become complicated, and you should not make the decision to leave your job lightly.
If you are considering constructive dismissal, first consult a lawyer for advice on your particular situation. You can contact the Halifax WAC by submitting an intake below.