WHAT IS CONSTRUCTIVE DISMISSAL?

 

 

If your employer imposes a fundamental change to your  job, that is constructive dismissal.

 

Your employer imposes unpleasant, or hostile working conditions which are a substantial departure from your previous job leading you to resign.

 

Changes affecting your responsibilities, status, location, or compensation could actually be constructive dismissal

 

If you were indirectly pushed into resigning by your employer deliberately making your working life miserable, it is actually considered in law to be a termination.

 

You feel you have no choice and resign because of one serious incident or a series of incidents. Either way, you should have resigned soon after the problem arose.

 

If you have been subject to constructive dismissal you have the legal right to make a claim for compensation

 

You need to consult a labour lawyer or employment lawyer to enforce your rights.

 

YOU MUST PROVE CONSTRUCTIVE DISMISSAL

 

Your constructive dismissal action can be proven  by showing that a fundamental change in your employment has occurred  such as  your working conditions, and or  duties and or compensation.

Generally you and your lawyer need to prove 2 things:

• that there was a breach of your employment contract

• that your employer no longer intends to honour your employment contract.

Offering you a job establishes an employment contract and the general terms and conditions, although they may evolve over time.

This is not legal advice. it is legal information

Talk to an employment lawyer about your facts and your case to ensure your rights are protected.