What constitutes constructive dismissal? (Toughest HR question)

No hard-and-fast rules but be wary of demotions, forced relocations
By Brian Kreissl
|Canadian HR Reporter|Last Updated: 06/16/2010

Question: What changes are likely to amount to constructive dismissal? As an employer, how can we avoid allegations of constructive dismissal?

Answer: Constructive dismissal is a type of wrongful dismissal that applies in a non-union context when an employer makes a unilateral change to a fundamental term of an employee’s contract of employment (whether the contract is written, verbal or a combination of both).

Every case is different and must be decided based on the facts, however, there are a few things to remember: