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QueerSmart Law Recap: PortaLaw Constructive Dismissal Workshop

  • 2 hours ago
  • 4 min read

Pushed Out: Understanding Constructive Dismissal and Harassment.


QMUNITY and PortaLaw offered a legal workshop examining what happens when bullying and harassment lead to constructive dismissal. For those who could not attend, this post is a quick guide and summary of the workshop material.


Note: This post explains the law in general. It is not intended to give you legal advice on your particular problem. Each person’s case is different, so you may need to get legal help. Information in this post is up to date as of June 2026.


What is "constructive dismissal" and how does it differ from a "normal" dismissal?


A "normal dismissal" is when an employer notifies the employee of termination of employment, often with 'without cause,' in which case the employee is entitled to notice of termination or pay in lieu of notice.


By contrast, "Constructive dismissal" is when the employer, either through a single act or a series of acts, demonstrates an intention to no longer be bound by the employment agreement. In this case, the employee may treat the employment agreement as terminated and claim severance.


What makes up the terms of employment?


To better understand what this means, we have to examine what makes up employment agreements, specifically, the fundamental terms. Similar to tenancy agreements, every employment agreement has fundamental terms. These are clauses that, when breached, can be enough for dismissal (or termination), or eviction.


In employment, fundamental terms are either "Express terms" or "Implied Terms".


Express terms are what many of us are familiar with. These are the explicitly stated and agreed-upon obligations in an agreement, such as compensation, job duties, work hours, and work location.


Implied terms, as the name suggests, are the terms that may be unspoken and not written in the contract, but are generally agreed-upon as necessary in the employment relationship. Implied terms can also be dictated by law, and therefore must be upheld in every employment relationship. Some examples include:

  • Employer's duty to treat employees with civility, decency, respect, and dignity.

  • Employer's duty to provide a safe work environment.

  • Employers' duty to act in good faith.


How can you identify constructive dismissal?


There is a two-branch test for identifying constructive dismissal.

A single unilateral act by the employer breaches an essential term of the employment contract:

This looks like a substantial change to a fundamental term of the employment agreement.

The employer's conduct, through a series of acts, demonstrates an intention to no longer honour the employment contract:

This looks like a series of employer actions that, individually, are insufficient to constitute constructive dismissal, but when taken together, form a pattern of conduct that fundamentally breaches the employment contract.


What is bullying and harassment?


Worksafe BC defines bullying and harassment as:

"includes any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment"

Common examples of bullying and harassment include:

  • Insults and the use of derogatory names

  • Sexual harassment or assault, particularly where the employer fails to address it after being made aware

  • Ostracism, deliberately excluding or isolating an employee from the workplace community

  • Verbal aggression directed at an employee

  • Harmful hazing practices

  • Marginalizing an employee, such as sidelining them from projects or decisions within their role


When does bullying and harassment lead to constructive dismissal?


There are several ways bullying and harassment lead to constructive dismissal. In general, the employer's conduct would make continued employment intolerable for an employee. This most often means there's a cumulative course of conduct rather than a single unilateral act. Additionally, where a reasonable person in the employee's position would feel that the employer no longer intends to honour the employment agreement. Lastly, constructive dismissal can happen when the employer fails to address bullying and harassment or allows a course of behaviour that humiliates or intimidates an employee.


Ultimately, as an employee in BC, you have rights and protections that employers have to honour. Beyond that, employers are bound by employment agreements. If you feel that your employer no longer intends to uphold the employment agreement, seek legal advice immediately.


Please keep in mind that the information in this post is not legal advice, if you need legal advice and support, you can contact QMUNITY’s Legal Clinic at intake@qmunitylegalclinic.ca or 778-998-0140. The legal clinic is for 2SLGBTQIA+ individuals and families in B.C and offers free guidance on employment, family, tenancy, human rights, and other legal concerns. 


You can learn more about Constructive Dismissal using PortaLaw resources, such as the "Essentials: Constructive Dismissal" guide.


Resources for further learning:


Thank you to the team at PortaLaw for all their work and knowledge in the workshop! To support their work, please visit their website portalaw.ca



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