An employee faces a constructive dismissal when the employer imposes a fundamental change to the employee’s job. Minor changes will not be found by a Court to be a constructive dismissal as an employer can legally alter the duties and responsibilities of an employee if the imposed changes do not strike at the heart of the employment relationship.

The following list are changes that can potentially lead to a constructive dismissal:

• Unreasonable working conditions related to sexual harassment or discrimination;
• Unreasonable working conditions related to bullying or harassment;
• Reduction in compensation by 10%;
• Substantial geographic change of offices; and
• Unwarranted demotion.

An important step to keep in mind if you have been constructively dismissed is to refuse to accept the unilateral and fundamental change to the employment. Without making it clear that you object to the change, a court could find that you have accepted the change which makes proving constructive dismissal more challenging. 

Before quitting or resigning, speak to an employment lawyer. The risk is that if an employee quits prematurely and cannot establish constructive dismissal, the employee is not entitled to pay in lieu of notice. 

If you believe you have been constructively dismissed, contact one of the lawyers at OWL LAW to review your matter to determine your proper financial entitlements and next steps.