Can Constructive Dismissal Occur Due to a Hostile Work
Depending on the circumstances, an employee can claim constructive dismissal when their work environment becomes intolerable and they feel they have no other option but to quit. It can occur due to a host of factors including harassment and discrimination based on race, sex, religion, and/or national origin; unsafe working conditions; bullying and intimidation by a supervisor or co-worker; arbitrary workplace changes; and more. In the case of a hostile work environment, the employer must be responsible for the intolerable conditions.
The key is that the working conditions must be so intolerable that an objective third party would consider them to be a breach of their employment contract and thus a form of wrongful termination. It is difficult to prove this in court as courts often find that a person who resigns without another job lined up was likely making their own decisions, rather than feeling forced to leave because of their employer’s conduct. Tribunals are also unlikely to accept that resigning after a single serious incident constitutes a valid reason to quit – they expect employees to stick it out and submit a grievance before resorting to leaving their jobs.
However, there are a number of ways that an employer can make themselves susceptible to claims of constructive dismissal due to a hostile work environment. Examples include permitting, or at least turning a blind eye to, sexual harassment, bullying, or disparagement by one of their co-workers; unilaterally changing the terms of employment contracts, particularly if they conflict with an express term in the contract; and giving workers an excessive workload and expecting them to meet unrealistic sales targets that are nearly impossible to achieve, causing them to become ill from stress and exhaustion.
Can Constructive Dismissal Occur Due to a Hostile Work Environment?
Paulette Haynes and the team at JPAK Employment Lawyers are strategic problem solvers. They regularly help employers develop risk-minimizing solutions to avoid unintentional breaches of employment contracts. They frequently shadow their employer clients and work alongside them to identify potential areas of risk, in order to protect them from liability.
If you have been subject to severe and pervasive behaviour that makes your workplace intolerable, contact us to learn more about our constructive termination lawyer services. Our employment lawyers are experienced and aggressive in protecting the rights of our clients, and we will fight for the compensation you deserve to move on from a intolerable situation that caused you emotional distress. Call or email our office today for your free consultation.
Our firm serves clients across Ontario and British Columbia. We can travel to meet you in a location that is convenient for you. For your convenience, we offer evening and weekend appointments. You can also reach us on our 24/7 helpline. We are always happy to assist you. We look forward to hearing from you. We can help you with a wide range of legal matters, including wrongful termination and other workplace disputes. We are dedicated to providing exceptional service to our valued clients.
