What is a Constructive Dismissal?

posted 2 Jan 2014, 07:58 by Gerry Kangalee
This act is a disciplinary action taken against a worker which fundamentally alters the Contract of Employment. It is humiliating and designed to force the worker to resign from the company. Examples of constructive dismissals are: relieving the worker of normal duties or authority; sometimes giving the worker no job functions and therefore the employee is idle during work hours; having the worker perform duties below his standing and seniority or duties she/he is not trained for or able to perform.

In some cases the worker is transferred to a remote area of the company's operations or given hours of work that inconveniences the family. In extreme cases the worker's job is declared redundant and the duties of the job are attached to another position or the job title is changed. All these actions of the employer are designed to force the worker to resign from the job. In most cases the worker retains his wage/salary and conditions.

Does the worker have to leave the job to claim constructive dismissal? No! The matter can be handled as a genuine grievance.