If an employer is found to have constructively dismissed an employee, the employee is entitled to a termination package because the employee may be able to treat the employment contract as being at an end. This entitles the employee to notice from the employer as if the employment contract had been terminated. If such notice is not provided, then the employee should be compensated with a common-law pay-in-lieu of notice. While there is not a precise formulation to calculate the content of the package, there are a few factors that will be considered. These factors include the following:
- Employee’s age
- Length of employment
- Character of employment
- Availability of similar employment
If you believe you have a claim against your employer for constructive dismissal and are seeking advice related to remedies (i.e., compensation), please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email at khayward@sultanlawyers.com.