The Constructive Dismissal Letter is a critical document in Canadian employment law, used when an employer has unilaterally made substantial changes to fundamental terms of employment without the employee's consent. These changes might include significant reductions in salary, changes in job responsibilities, demotions, changes in work location, or creation of a hostile work environment. The letter serves as formal documentation of the employee's position that these changes constitute a constructive dismissal under Canadian law. It is essential in establishing the employee's claim for compensation and benefits, similar to those available in a traditional termination situation. The document must be carefully crafted to align with both federal and provincial employment standards, potentially including references to the Canada Labour Code, provincial employment standards acts, and relevant case law. The timing of this letter is crucial, as employees must act within a reasonable timeframe after changes are implemented to maintain their legal rights.
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1. Employee and Employer Information: Full names, addresses, and relevant contact information for both parties
2. Current Position and Employment History: Details of current role, duration of employment, and history of positions held
3. Nature of Changes or Conditions: Detailed description of the fundamental changes or working conditions that constitute constructive dismissal
4. Timeline of Events: Chronological outline of relevant events, changes, and communications
5. Previous Attempts at Resolution: Documentation of any attempts to address the issues with management or HR
6. Impact of Changes: Explanation of how the changes have fundamentally altered the employment relationship
7. Legal Position: Statement that these changes amount to constructive dismissal
8. Notice of Resignation: Formal notice of resignation due to constructive dismissal
9. Compensation Claim: Details of compensation being sought, including salary in lieu of notice, benefits, and other entitlements
1. Health and Safety Concerns: Include when constructive dismissal involves workplace safety issues or health impacts
2. Discrimination Claims: Include when the constructive dismissal involves human rights violations or discrimination
3. Economic Losses: Include when specific financial losses beyond regular compensation can be demonstrated
4. Alternative Position Request: Include when the employee is willing to consider alternative positions within the organization
5. Professional Obligations: Include when professional standards or obligations are relevant to the constructive dismissal situation
1. Employment Contract: Copy of the original employment contract and any amendments
2. Communication Records: Copies of relevant emails, letters, or other communications regarding the changes
3. Performance Reviews: Recent performance evaluations demonstrating good standing
4. Medical Documentation: Any relevant medical records if health impacts are claimed
5. Witness Statements: Statements from colleagues or other witnesses supporting the claim
6. Financial Documentation: Evidence of financial impacts, salary history, and benefits details
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