Defense Against Constructive Dismissal
In a constructive dismissal case, an employee alleges that their employer made working conditions so intolerable that they were forced to quit. It is not enough to simply complain about bad work conditions – an employee must prove that their workplace was so intolerable that it would be considered a breach of the employment contract and they were therefore forced to quit.
An employer can defend against a constructive dismissal claim by proving that they did not create intolerable conditions and that the employee was forced to quit for other reasons. For example, an employer can argue that the employee did not report their concerns and that they were not a substantial part of the cause for the intolerable working environment.
In addition, the employer can argue that the bad work conditions were not prolonged and did not result in an inability to continue to perform their job. This can be done by demonstrating that the conditions only lasted for a short period of time or by showing that the intolerable working conditions were not a regular occurrence.
Finally, the employer can argue that they did not breach their duty to maintain a reasonable level of trust and confidence. This can be difficult to establish, and the employer will need to provide evidence of their behaviour over a significant period of time. This may include emails, texts, witness statements, bank statements and any other documents that will demonstrate the relevant conduct.
Employer Defense Against Constructive Dismissal
A wrongful constructive dismissal claim can result in compensation of one and a half weeks pay for each year of service, plus a further compensatory payment. This compensation is intended to cover lost earnings and the cost of finding a new job. To prevent a wrongful constructive dismissal claim, employers should consider implementing policies that promote open communication in the workplace and encourage employee feedback and involvement. In doing so, they can identify any potential issues early and address them before an employee feels compelled to take legal action.
It is also important for employers to understand that it is possible for multiple minor breaches of the employment contract to amount to a fundamental breach and lead to constructive dismissal. This is particularly true where the cumulative effect of the breaches is a materially detrimental change in the nature of the employment relationship.
It is important for employers to know what they can do to prevent a constructive dismissal claim from being brought against them, and the best way to do this is to get in touch with an experienced employment law professional. An employment attorney can help to identify the most appropriate defence strategy for a particular situation, taking into consideration the unique circumstances and drafting a comprehensive approach to the claim. They can also advise on any other available remedies. For further information, contact FindLaw for a free consultation with a wrongful termination lawyer.
