How Do Courts Assess Damages in Constructive Dismissal Cases?

admin 0

Courts Assess Damages in Constructive Dismissal Cases

In cases of constructive dismissal, courts award compensatory damages to compensate employees for the financial impact of their employer’s actions. In addition, in cases where the employer’s conduct was particularly serious or outrageous, aggravated damages or punitive damages may also be awarded. These additional amounts are intended to give the defendant their “just deserts” (retribution), to deter them and others from engaging in similar wrongdoing in the future (deterrence) and to express the community’s collective disapproval of what has occurred (denunciation).

In order to establish a claim of constructive dismissal, an employee must be able to show that the working conditions created by their employer were intolerable, thus causing them to resign as a result. The intolerable working conditions must amount to a repudiation of the employment contract. A single act, omission or incident may not be enough to meet this threshold, but it must have a sufficiently significant effect that it warrants resigning as a result of the fundamental breach of the contract.

The most common type of intolerable change resulting in a constructive dismissal claim is a significant reduction in the level of compensation that an employee receives. There is no clear line as to what constitutes a significant reduction in pay, but a reduction that results in an employee being paid significantly less than they were prior to the change would generally be sufficient. Other types of intolerable changes that could be the basis for a constructive dismissal claim include forced relocations or a change in roster arrangements.

How Do Courts Assess Damages in Constructive Dismissal Cases?

If you believe that your employer has created intolerable working conditions, it is important to speak with an experienced employment lawyer. They can provide guidance on your rights and options and help you take action if necessary. Assuming you are able to prove that the working conditions were intolerable, the tribunal will then determine what level of damages you should be awarded. While there is no set formula, the tribunal will look at the following factors:

The first element that a court will consider in determining the appropriate level of damages is whether or not the claimant was able to find suitable employment after their resignation. This will usually involve considering the length of time it took to find a suitable job, the number of rejections during the interview process and the wages offered by the employer.

It is also necessary to consider the impact of any retraining costs and other expenses that might be incurred as a result of the intolerable work conditions. In addition, the tribunal will also look at the claimant’s duty to mitigate their losses by making reasonable efforts to seek re-employment.

In many cases, it will be necessary to consult an expert witness to evaluate the evidence in a constructive termination case and to determine the appropriate level of damages. A specialist can assist with the investigation and preparation of the claim and support you during negotiations or a hearing. They can also provide advice on how to minimize your exposure to claims of constructive dismissal.

Leave a Reply

Your email address will not be published. Required fields are marked *