Constructive Dismissal

Constructive dismissal is an often discussed part of employment law but seems to rarely happen. Still we should know what it is and how fundamental changes to a role can lead to significant legal liability. This episode breaks down what counts as a unilateral change and how employers can navigate restructuring without triggering valid legal claims. - Defining the "unilateral and fundamental" test for dismissal. - Why salary reductions and demotions are primary triggers. - The role of "reasonable notice" in changing contract terms. - How "consideration" and signing bonuses can mitigate risk. - The employee’s duty: choosing to accept or resign. - The legal concept of "condoning" changes by staying too long. 00:00 Defining the concept of constructive dismissal 00:41 What constructive dismissal is not 01:31 Common triggers for valid legal claims 03:00 Performance management vs. constructive dismissal 04:48 Most common mistakes made by employers 06:02 How to restructure without legal risk 08:27 Using amendment letters and consideration 10:52 Is unilateral change ever legally defensible? 12:09 Employee options: resign or accept 13:56 Contract language and legal limitations *Find Brady* Website: https://www.matthewndinsdale.com/ LinkedIn: https://www.linkedin.com/in/brady-farmer-715764b8/ *Find Andrea (me)* Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/