Constructive Dismissal

Where an employee resigns due to some action on the part of the employer which is either intended to bring the employment to an end or has the probable result of bringing the employment relationship to an end, the termination of their employment is deemed to be at the initiative of the employer and the decision to resign can be treated as a dismissal.

In these circumstances, the employee will have recourse to unfair dismissal and unlawful termination actions, as if their employment had been terminated by their employer.

Whether or not constructive dismissal can be established will depend on the facts of each case, however the onus is on the employee to prove that their employers action ‘forced’ them to resign. This may be difficult to prove, and the assistance of an experienced employment lawyer would be recommended in cases which involve questions of constructive dismissal.