How do you know if you have a strong constructive dismissal claim?

Constructive dismissal cases are not always clear cut.

First, in order to be successful in a constructive dismissal claim the employee has to meet the objective threshold of establishing that there has been a fundamental change to employment terms or working conditions.

Many people believe that they have been constructively dismissed because of a workplace issue, whether it’s a conflict with a manager, an unfair performance rating, or there has been a change to employment terms that the employee disagrees with.

But meeting the objective reasonable person standard is a fairly high threshold. Not all changes or workplace issues meet that standard, regardless of how upsetting the situation may be for the employee.

Further complicating matters is proving the constructive dismissal. This can be tricky, particularly if the changes or workplace issues are not clearly evidenced in documentation. Employers often dispute the employee’s description of the events leading to the employee’s departure, and this can come down to a credibility contest between the parties.

How do you know if a severance package is fair?

An employee who has been constructively dismissed is eligible for constructive dismissal damages. The amount of damages is going to depend on a variety of considerations, including the employee’s contract, their age, the character of employment, their length of service and the availability of comparable jobs in the marketplace.