Constructive dismissal is when an employer makes the
employee's working conditions so hostile to such an extent that
continued employment becomes intolerable, ultimately compelling the
employee to resign, to which constitutes unfair dismissal. This
article seeks to outline what constitutes constructive dismissal
and the legal recourses available to such employees.
The requirements for constructive dismissal are as follows:
- The employer breaches a term contained in the employment
contract or an implied term of trust and confidence and
- The employee has to have sought redress on that conduct
internally, failing which the employee resigns.
The employer can create a hostile environment by doing the
following:
