Constructive Dismissal

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

Featured by as most frequently recommended employment lawyer in Toronto.

Highest Ranking – Canadian Legal Expert Directory

 

 

Selected as a Leading 500 Lawyer ( out of 150,000 Canadian Lawyers )

 

 

In Ontario,constructive dismissal occurs when an employee has not been dismissed, but the terms or conditions of their employment have changed significantly.

​What is Constructive Dismissal?

Constructive Dismissal is a situation in which a hostile or toxic work environment has been created, or where there has been a significant change to an employee’s position or duties, that the employee has not agreed to or condoned. In some situations, an employee may resign and still make a constructive dismissal claim, as the resignation may not be considered “voluntary” due to the circumstances of the resignation.

Example Hostile or Toxic Work Environment

  • The employer fails to prevent workplace harassment
  • The employer bullies or discriminates against, or fails to prevent other employees from bullying and discriminating against the employee
  •  The employee experiences significant and/or repeated vague and unfounded accusations of poor performance
  •  Employee’s authority and respect with co-workers has been seriously undermined and compromised

Example Changes to Employment Relationship

  • Demotion
  • Promotion
  • Altering the employee’s reporting structure, job description, or working conditions
  • Lowering an employee’s compensation
  • Changing the hours of work
  • Imposing a suspension or leave of absence
  • Relocating the employee’s workplace

CONSTRUCTIVE DISMISSAL

EMPLOYMENT CONTRACT

The Remedies for Constructive Dismissal

These changes may relate to, among other things, compensation, title, duties, office location or working hours. Recent case law suggests that abusive behaviour by an employer may also constitute constructive dismissal. The current leading decision is Potter v. New Brunswick Legal Aid, 2015 SCC 10. A constructive dismissal can be found in one of two ways: a. the employer “substantially alters an essential term of the contract of employment”; or b. the employer pursues a course of conduct which “evinces an intention to no longer be bound by the contract.” The test is not whether the employer intends to be bound, but whether a reasonable person in the circumstances of the employee would think that the employer has objectively evinced the intention to no longer be bound.

The remedies for constructive dismissal are similar to those found in a wrongful dismissal suit. This is because the terms of employment have been substantially altered or the employer’s conduct shows an intention to no longer be bound by the employment contract, as though the employee has been dismissed. In this situation, the employee is entitled to reasonable notice because the employment contract has ended and they have essentially been terminated from the job that they signed up for. Constructive dismissal is an extremely complex area of employment law. Professional legal advice should be sought at an early stage to help you negotiate an exit package. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice and assistance in an employment matter, please contact the experts at Ball Professional Corporation.

Things to Know

What may be considered constructive dismissal for one employee may not apply in every employment situation.  For example, although relocating an employee’s workplace may be a constructive dismissal, that may not be the case if the employment contract states that the employer is allowed to relocate the employee’s workplace, or if the employee has either accepted relocation in the past or waits too long to protest against the relocation (i.e., the employee has condoned the employer relocating their workplace).

In constructive dismissal cases, the timeframe in which an employee protests against a change in their employment situation and makes a constructive dismissal claim is important.  While an employee is allowed some time to “try out” the new situation before claiming constructive dismissal, the employee needs to be aware that if they “try out” the situation for too long, they may be deemed to have condoned the change and therefore no longer have a constructive dismissal claim.  Unfortunately, there are no clear guidelines on exactly how long is “too long” when “trying out” the new employment situation.  It is important to consult a lawyer as soon as possible to receive guidance on this matter.

If the employer changes the terms of employment, the employee could work “under protest.”  This means that the employee would make it clear to the employer that they do not condone the changes that have been made to the terms of their employment, but that they will continue to work under protest.  This is not a permanent solution, and the longer an employee continues to work “under protest,” the more likely it will be deemed a situation in which the employee has condoned the changes.  It is important that the employee is either communicating and negotiating, or has their lawyer communicating and negotiating about the matter with the employer while the employee is working under protest. Stacey Reginald Ball is an experienced employment lawyer with Ball Professional Corporation.  Our office is located in Toronto, Ontario, and handles various employment law matters, including wrongful dismissal.  If you have questions regarding constructive dismissal, please consult a lawyer for advice.

 

CAUTION

CONSULTATIONS

Canadian Employment Law

Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

Google Reviews

Steven Wang
Steven Wang
19:58 18 Mar 19
Stacey was the third lawyer that I had hired to represent me, after the previous two didn't achieve anything for me. Stacey is very different. He is not only the author of Canadian Employment Law with profound knowledge and experience, he is also the most efficient one, direct to the point. He is the toughest one, well known by HR people, and he takes care of his client all by himself. There is no junior lawyers under him. That's the big difference comparing with other big employment law firms on Google, where I could only meet with a young lawyer with little experience. After he spoke with me for 45 minutes, he found the best way to break through. He didn't need to ask for a lot of document and he didn't bill hours to review them. His fee structure is aligned with his client's best interest. My problem was solved very quickly with a great result, and I only have to meet with him twice and exchange some emails. He's not just a tough fighter and negotiator, he got great strategy to make a deal. He answered my emails during the holidays. He comes in the office very early, and we had a conference call at 7am in the morning when we need to make a quick decision. To me, he is the best employment lawyer, a patient teacher and a friend. I strongly recommend him to those who need help.
Aiden Nix
Aiden Nix
01:13 06 Apr 19
Stacey was super helpful and increased my settlement a significant amount. He is very busy so you have to chase him down a bit but that is minor issue compared to all of the positives. Overall if you need a good labour lawyer then talk to him right away. He is THE lawyer to go to in Ontario!Thanks Stacey!
Sergei R
Sergei R
05:01 06 Dec 18
My experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.
Danny T
Danny T
18:34 26 Feb 19
Stacey has recently represented me. He’s patient, but to the point which I can appreciate. No fluff. He worked quickly and even responded during his holidays. Definitely highly recommended.
Alexa Arsenault
Alexa Arsenault
19:36 01 Nov 18
If I could give Stacey Ball 30 stars I would! Stacey was right on the “ball” when it came to my legal matter. I called his office and his efficient staff scheduled me for an appointment the next day. He’s a great listener and comes to the point quickly, confidently, and succinctly. He explained best and worst case scenarios and dealt with my matter without delay. He was successful in concluding my legal matter to my satisfaction and met all my expectations. I highly recommend Stacey for all your legal matters.Alexa
Alex McMillan
Alex McMillan
18:05 21 Apr 19
Mr Ball represented me in a wrongful dismissal case. It was quite evident from my initial consultation until the conclusion of my settlement. Mr. Ball mirrored professionalism, empathy and above all confidence. Mr Ball reviewed my case and informed me what I was entitled to and what to expect at time of settlement. I was represented diligently right up to the conclusion of my settlement. He was able to negotiate an amount that was above my expectations. I would highly recommend Mr. Ball to anyone in need of assistance in any type of employment situations. In conclusion that one of the main things that impressed me most was that he at all times puts his clients FIRST.
Daphne Rodrigues
Daphne Rodrigues
23:54 22 May 19
Stacey was my second lawyer I retained after my original lawyer felt that he would be better suited to deal with my difficult employment matter. Stacey was very direct, efficient and respectful of my time. He was tenacious in negotiations and challenged/invalidated all points the other lawyer argued. I would not have achieved my outcome without Stacey. Thank you!Daphne Scott
Kate Miller
Kate Miller
15:35 23 May 19
Stacey gave me good advice on my first consult. Super professional and competent. If I ever need employment lawyer again I would definitely come back to Stacey!
francesca V
francesca V
08:33 24 Jun 19
Stacey not only provided expert legal guidance on my workplace harassment case, but was also extremely supportive during this difficult process. I wholeheartedly recommend him to anyone facing a similar situation. Thank you Stacey.
Charlie Russo
Charlie Russo
03:03 01 Jul 19
Stacey Ball was very helpful with my employment situation, from start to finish. He answered all my questions and concerns dealing with my settlement promptly and easily explained everything. Thank you. 5 stars.
Nurissa Kanji
Nurissa Kanji
09:47 22 Jul 19
I want to thank Stacey Ball and the staff at Ball Professional Corporation. Mr.Ball's professionalism, friendliness and empathy were evident at our first meeting. We would not hesitate to recommend Stacey Ball and his team for their expertise in employment law.
dave buckley
dave buckley
03:27 31 Jul 19
Stacey Ball was a huge help for me from start to finish in a contract negotiation, and was able to very quickly identify issues and advise me on next steps. He was understanding of my situation and provided specific advice on a broad range of clauses in my contract. I would 100% consult with him again based on my experience.
Jhonattan V
Jhonattan V
04:31 02 Aug 19
After ending employment with my employer of 9 years due to actions that I felt were steps of constructive dismissal, I contacted Mr Ball to determine my employment rights. Through the whole process from beginning until conclusion, I found Stacey to be very professional and knowledgeable and would recommend him and his team as your representatives for employment law matters.
Cole Carr
Cole Carr
03:04 04 Aug 19
I met with Stacey Ball this morning for a consultation. He was incredibly generous with his advice and support in a consultation I needed. I highly recommend contacting him, even if you are unsure you will require his services - he will help you evaluate the situation and whether you need his services.
Katy M. Smith
Katy M. Smith
01:18 05 Aug 19
I recommend Stacey Ball without hesitation. I was wrongfully dismissed and Stacey worked efficiently and communicated regularly to get a great settlement. He helped make a bad situation better – you want a lawyer like Stacey on your side!
Nurissa Kanji
Nurissa Kanji
09:47 22 Jul 19
I want to thank Stacey Ball and the staff at Ball Professional Corporation. Mr.Ball's professionalism, friendliness and empathy were evident at our first meeting. We would not hesitate to recommend Stacey Ball and his team for their expertise in employment law.
Sheeba Bonning
Sheeba Bonning
15:47 28 Oct 19
I would highly recommend Stacey Ball any time! Stacey accurately pinpointed the challenges of our situation and gave solid advice right from the beginning. When things got confusing for me, he took the time to explain them in lay terms so I could make informed decisions. A big thank you to Stacey ball and his team for helping me with a stressful situation and for always being there to smooth things over. We were even able to have a laugh or two and he definitely brings a human touch to legal matters which can be super uncomfortable for "regular" people that don't deal with legalese every day!
Jacqueline O'Flanagan
Jacqueline O'Flanagan
19:57 29 Oct 19
I would strongly recommend Stacey and his services for any employment related legal issues. His academic and professional experience provide a unique approach to strategizing over a case with his clients best interest in mind, and builds the case based on facts. He is an advocate for employees who have been wronged and his work with the supreme court demonstrates his commitment to changing the system for the better.
Lionel K
Lionel K
20:40 30 Oct 19
A few months ago, I was blindsided by my three partners who had decided to buy me out, at a fraction of the original investment contribution that I made when I joined the company. I decided to hire Stacey after interviewing him at his office. I knew then and there that he would make put my former partners in their place. Thank fully, I was right and Stacey took care of the matter in mediation, getting me 100% of what I was entitled to. The man is a legend in employment law and has the credentials to prove it, after all, he wrote the book on employment law! Thank you Stacey, appreciate all you've done. Best, LK.
Christine L
Christine L
02:11 15 Nov 19
I had spoken with three lawyers before I met with Stacey Ball. What I liked about our meeting was that Mr. Ball provided answers to my questions and made me feel that he had my best interests in mind. I was informed of a settlement amount I would be entitled to receive and he worked at getting it. You will get a chance to get some sleep knowing that your case will be resolved promptly and that your rights are being looked after. You will find his fees are competitive but fair as he evaluates each situation separately. If you want to know what you rights are, want results, without wasting time, look no further. My case was handled efficiently and I would recommend his services to anyone that asks. A big thank you Stacey Ball for your services.
michael goda
michael goda
15:39 27 Nov 19
Stacey is the best employment lawyer in Canada. I strongly recommend him to those who need help.
Sandra Knight
Sandra Knight
08:53 28 Nov 19
I got fired with no explanation from a workplace where i spend 4 years. I immediately started looking for a lawyer and got in touch with Stacey. He reviewed my case, helped me to calculate my severance pay and prepare all the proper documents. I would say Stacey is very knowledgeable and helpful in unfair dismissal cases. I would recommend him.
Sebastian Enachescu
Sebastian Enachescu
18:19 29 Nov 19
I was extremely pleased with the service provided by Mr. Stacey Ball and assistants. When I first approached him with my situation-a severance package well below merit, he was very direct with what is a reasonable severance and what he wanted to negotiate for me. Within a very short time he was able to get me 70% more above the initial severance offer and an additional 10% for pension and benefits. The timeline worked out beautifully as I did not fall short of funds while waiting for the settlement. I was pleasantly surprised and grateful of the outcome. In addition, his fees were very reasonable and were hardly felt. Thanks again Stacey.:)
Wm Robinson
Wm Robinson
07:48 07 Dec 19
I was transferred to night shifts by my manager without asking if can/want work nights. When i confronted him i was told either take night shifts or leave the company. Mr. Ball really helped me to sort out this situation and get proper compensation for my  constructive dismissal case. Mr. Ball acted professionally and at the same time friendly at all times. He was very supportive and very positive about the outcome of my case. He is a very good person.
Yousuf Halim
Yousuf Halim
18:17 16 Dec 19
Stacy helped me with my wrongful dismissal case. He is very knowledgeable and kind. With his expertise, he could resolved and provided me a satisfactory settlement solution with my ex-employer. His fees are reasonable and office staff are very supportive . I am very happy with his service.
Joyce Wang
Joyce Wang
01:55 09 Mar 20
Stacey helped me with my case and I have to say I am very pleased with the outcome. His professionalism and expertise were absolutely impeccable. I am very happy with the services that Stacey and his assistants provided me. Stacey and his assistants Rebecca and Jennifer were always available to answer my questions through the process. My case was resolved completely in a few months. Stacey is a top employment lawyer and one of Canada’s best employment lawyers, but his legal fee was very fair and reasonable. I would highly recommend Stacey to whoever needs a legal service.
Janice Yorke
Janice Yorke
17:02 03 May 20
Mr. Ball is a top notch lawyer. Having written the labour laws himself he is thorough and detailed. He did a great job for me and I am very grateful.He has a neat sense of humour if you are blessed to realize it as well.He responded to all my emails in record time and called me immediately when he had updates.
Zorana Jovanovic
Zorana Jovanovic
18:54 09 Aug 20
I was happy to have Mr.Ball handling my constructive dismissal. He was friendly, fast, efficient and fair. As a result, I felt taken care of during this very stressful time. I would strongly recommend Mr.Ball for any employment related issues. Thank you !
Sergei R
Sergei R
16:33 09 Oct 20
My 2011 experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.Update in 2020:I cannot write more reviews, it looks like one review per account, so I am editing the existing review. Another unrelated incident in 2020. Another consultation and advice what to do next in order to steer clear of unpleasant developments. His very reasonable consultation fee is the best investment I ever made in my peace of mind. He was busy so he could not meet me on the day I wanted, but he met me two days later, which was perfectly fine. After talking to him it became much more clear to me what to do and what to avoid doing. Quotes Supreme Court cases as references when he explains things as to what to do and why, looks like he knows them by heart. There is a good reason why he is busy. He is a very effective lawyer. Very highly recommend.
Araz Khalkhali
Araz Khalkhali
21:50 20 Oct 20
Thank you to Stacey Ball and his staff for my making my experience a great one. Stacey was extremely honest, professional, insightful and responsive. His vast experience was evident as was his in-depth knowledge of employment law. He took great care with my case, was transparent and made sure I was informed every step of the way. I highly recommend Stacey and his outstanding team and I wouldn't hesitate to reach out to them again.
Araz K
Araz K
01:33 21 Oct 20
Thank you to Stacey Ball and his staff for making my experience a great one. Stacey was extremely honest, professional, insightful and responsive. His vast experience was evident as was his in-depth knowledge of employment law. He took great care with my case, was transparent and made sure I was informed every step of the way. I highly recommend Stacey and his outstanding team and I wouldn't hesitate to reach out to them again.
See All Reviews

Associations