Constructive dismissal, in effect forced resignation, is
generally poorly understood, mainly because it can manifest itself
in a myriad of different situations depending upon the terms of any
given employment relationship.
Constructive dismissal occurs when the conduct of the employer
was so "harmful, adverse or unfriendly to" the contract
of employment and the employment relationship that the employee
could not be expected to put up with it.
Common examples include:
- an employer expressly suggesting that an employee resign
(irrespective of whether the employee made the suggestion) so as to
assist with preserving the employee's future ability to obtain
work;
- an employer actively making it very difficult or impossible for
an employee to fulfil their role;
