Constructive Dismissal, "A Claim In The Shadows"

Constructive dismissal is component of unfair dismissal which is provided for in Section 12B of our Labour Act. It is a form of unfair dismissal that the Labour Act has deemed unlawful entitling a victim of it to approach the proper labour tribunals to seek justice. It is however sad to note that despite the immemorial existence of this claim in our labour laws, many employees have failed to successfully sustain the claim whilst many employers seemingly appear to be unaware of the existence of this unique claim until they are dragged to a court of law to answer to the claim. For these reasons, this Article endeavours to assist all interested parties at the workplace in understanding this claim.