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Constructive dismissal
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==== Changes to the employment relationship ==== Typically, the first way to claim constructive dismissal involves an employer making substantial changes to the employment contract, such as: # a demotion; # altering the employee's reporting structure, job description or working conditions; # lowering an employee's compensation; # changing hours of work; # imposing a suspension or leave of absence; and # relocating the employee's workplace. In addition, failure on the part of an employer to provide employment standards (e.g. overtime pay, vacation pay, etc.), can result in a constructive dismissal. Nevertheless, for an employee to have a successful case for constructive dismissal, the employer's breach must be fundamental. What is "fundamental" depends on the circumstances, and not all changes to the employment relationship give rise to a constructive dismissal. For example, administrative, i.e. non-disciplinary, suspensions might not amount to a constructive dismissal if imposed in good faith and justified by legitimate business reasons (i.e. lack of work). As well, a small reduction in salary, in tough times, and administered rationally, might not be a constructive dismissal.
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