EMPLOYMENT & LABOUR LAW
WRONGFUL DISMISSAL AND CONSTRUCTIVE DISMISSAL
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Skilled Representation In Wrongful Dismissal Claims
The Employment and Labour Group at Kane Shannon Weiler LLP provides advice and representation to both employers and employees in termination cases.
A wrongful dismissal occurs when an individual is terminated in the absence of just cause without being provided with adequate notice of termination or in a manner that violates the conditions outlined in an employee contract. Given the complicated nature of some contracts, wrongful dismissal can be an especially difficult legal area to navigate.
At Kane Shannon Weiler LLP, we are committed to taking a thorough approach when it comes to advising employers and employees regarding a wrongful dismissal case. We take the time to understand your situation and to answer any questions you may have. We aim to find a resolution that offers the best possible outcome with the least amount of stress and at a reasonable cost.
Understanding The Challenge Of Constructive Dismissal
Constructive dismissal refers to a fundamental change in the terms of employment unilaterally imposed by the employer. In those cases the employee can quit and sue for wrongful dismissal. This can be particularly difficult to navigate because while an employee may not have been dismissed in the traditional understanding of the word, if their position has fundamentally changed the courts may treat that as a termination without notice. While each case must be assessed on its own unique facts, some examples of constructive dismissal include:
Compensation package reduction
Matters relating to constructive dismissal must be addressed quickly. Employers need to consider all the aspects of implementing changes that might result in a constructive dismissal. Employees must consider whether they want to take the risk of resigning and having a court decide there was not a constructive dismissal. Further an employee must decide whether she should accept the changes as part of her duty to mitigate her damages. These decisions must be made in a timely fashion. Our team of employment lawyers are well-versed in handling these cases and will provide employers and employees with support and guidance with the aim of achieving the most favourable outcome.
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