Emily Dempster looks at some case examples that highlight what
employers need to be aware of when considering constructive
dismissal in their workplace.
In Brief: It is a commonly held misconception
that employees who resign from their employment are unable to make
dismissal-related claims. Based on this mistaken belief, employers
often take steps to 'encourage' problem employees to resign
from their employment, whether by way of making express suggestions
to the employee to this effect or by way of engaging in conduct
which encourages the employee to resign.
The above approach is problematic. Employees who resign from
their employment because of conduct engaged in by the employer are
considered to have been constructively dismissed. Further,
employees who have been constructively dismissed are entitled to
make dismissal-related claims notwithstanding the fact that they
have technically resigned from their employment.
