Comparing Constructive Dismissal Quebec

The impact of being constructively dismissed can be devastating to your career, finances, and mental health. If you think you have been a victim of this type of dismissal, it is essential to act quickly and consult an expert employment lawyer as soon as possible. Documentation of any changes in working conditions, performance reviews, or bullying and harassment from coworkers is also crucial for your case.

While the definition of constructive dismissal differs from jurisdiction to jurisdiction, it generally includes an employer’s actions that make the workplace intolerable, forcing the employee to quit their job. A few examples of such actions include reducing an employee’s salary, hours, or duties; demoting them; changing their job location; and subjecting them to workplace harassment or discrimination. However, proving these types of behaviors is not always easy.

Unlike ordinary dismissals that can be justified with a valid reason, constructive dismissal is a breach of contract and can only be claimed when an employee can show that they had no choice but to resign from their job. The main reason for this is that an employer’s unilateral action cannot be considered a valid termination of the employment contract unless it was justified by a serious reason.

Comparing Constructive Dismissal Quebec to Ordinary Dismissals

Proving constructive dismissal is a difficult task as an employee must show that the employer’s actions made it impossible for them to remain in their position, even if they did not intend to force them to leave. A single act or a series of acts can trigger a constructive dismissal claim, but the court may also consider whether there was malice or bad faith in the employer’s actions when awarding damages.

If a judge decides that an employee was constructively dismissed, they will award them compensatory damages equal to the salary they would have received over the course of a reasonable notice period. In some cases, a judge can award punitive damages as well.

The court will take several factors into consideration when calculating the amount of compensatory damages, including the amount of money an employee would have earned had they been able to continue their work for a reasonable period. The court will also factor in the amount of time it would have taken the employee to find another job.

If a judge finds that an employee was constructively dismissed, they can order their reinstatement in the workplace as long as they do so within a reasonable period of time. In some cases, this is not feasible for practical or psychological reasons and may be deemed to be a breach of contract. In such instances, a judge can award an employee with compensation equivalent to their salary. In the most severe cases, a judge can even order punitive damages. However, this is only when the law expressly allows for it. This can be due to the violation of whistleblower laws or if the breach was particularly flagrant.