Many employees are familiar with the term “unfair dismissal,” and some might have experienced it as well but didn’t do anything about it.

Generally, if you get terminated without any reason or if your termination is not backed up by sufficient explanation, you can easily get a wrongful dismissal claim from the employer.

But, in a different case, if the employer is not formally terminating you, and you feel like you are being forced to resign, that’s when constructive unfair dismissal came into being.

Constituents of Breach Of Contract
The list of breaches of contract is not extensive. However, one or more severe violations of agreement may give rise to constructive dismissal claims.

Some common types of breaches consist of :

1. You are not getting paid on time, either in half or full.
2. Your employer demotes you without giving an explanation.
3. Change in a working environment exclusively for you, for example, change of location or working hours.
4. If the employer refuses to cooperate with your disability, you can ask for a claim.
5. Forcing you to work in a dangerous environment, despite knowing your health and safety issues.
6. If your employer doesn’t do anything about the person bullying or harassing you at the workplace.
7. Making false accusations about your poor performances.

Link Between Constructive dismissal and Wrongful Dismissal
There is indeed a vast difference between these two types of terminations. Constructive dismissal occurs when the employee resigns due to the violations of the employment contract, whereas in the other one, the employee gets fired for legitimate reasons. 
But, if the employee can get a claim in constructive dismissal, he/she is allowed to file a case for unfair dismissal. 

Dealing with Constructive Termination – For Employers
Before terminating an employee, make sure that the rightfully terminated worker will not find a loophole to get constructive dismissal claims.
However, if an employee resigns based on constructive termination, it can still evade litigation by offering a settlement. You may like to hire a reputed lawyer from Rutman Law for help.

Conclusion
Constructive dismissals may cost heavy to an employer, such as it can put bad imagery of your company, affects your productivity, damaged reputations, or may manipulate your other employees. 
So, to get into any troubled situation like that, be aware of your rights, along with the rights of your employees.

End-Notes:

1. For any information on employment law Ontario, you may contact Rutman Law. They have many years of expertise in this area.