Understanding the Rights and Responsibilities of Employers & Employees: What is Constructive Dismissal? - Part 3

Constructive Dismissal is an area of employment law which is often misinterpreted by all parties involved, that is employees, employers and even Trade Unions. There are specific elements which must be present in order for an employee to claim that they have been constructively dismissed by their employer, which can be challenging. Often times the issues the employee outlines in their constructive dismissal letter, is based on feelings of being victimized or overlooked by the employer, which often obscure the facts of the real issue.

It then begs the question, what constitutes a constructive dismissal? The simplest answer is constructive dismissal is when an employee is forced to resign his or her job (almost immediately) because of the employer’s actions. That is the employer would have breached the worker’s contract, repudiating that contract by going to the root of the worker’s contract.

Although the answer seems straight forward, cases pertaining to this area of employment law are examinedwith much scrutiny at the Industrial Court as each constructive dismissalmatter can be very unique.

The worker and their representative have the sometimes daunting task of convincing the Court that the worker was compelled to resign from their job, based on the employer’s actions. Likewise, an employer who is ignorant of what theirbehaviour may bring should he/she breach the employee’s contract can be faced with dampening effects should an action be brought against them at the Industrial Court.

This webinar is the third episode of a four part series focusing on employment law. You can view the recording of the first and second episodes by clicking on the following links:

- The Employee Contract - Part 1: https://click.dldaniel.com/2415b040

- Disciplinary Dismissal & the Grievance Procedure - Part 2: https://click.dldaniel.com/889fbac0

OR register for our upcoming webinar:

- Retrenchment and Redundancy https://click.dldaniel.com/78cd1960. This webinar will be held on Monday 25 July at 6:00 P.M.

Take this opportunity to learn and ask questions to better understand the rights and responsibilities of an employer and a worker.

If you'd like to seek information about how De Elle Daniel & Associates can assist you with your legal issues, contact us at 1 (868) 241 - 3772 or visit our website at https://dldaniel.com/. You can also email us at services@dldaniel.com or book an online appointment by clicking on the following link: https://harmonizely.com/dldaniel/30-min.