“It’s often a highly misunderstood area where employees who have resigned, did so because they were forced to. This situation may amount to what is referred to as a ‘constructive dismissal.’ Let’s decode this concept.
‘Constructive dismissal’ is a term that’s often thrown around, but what does it actually mean? Fundamentally, it involves scenarios where an employer doesn’t outright terminate your employment, but their behavior makes it unbearable for you to continue working, forcing you to leave your job. Essentially, the end of your employment is driven by your employer’s actions, not by a direct dismissal.
Imagine a situation where you’re not told explicitly, ‘you’re fired,’ but your employer creates such a hostile environment that you’re left with no other choice but to quit. Such circumstances are the breeding grounds for constructive dismissal.
However, it’s crucial to differentiate between simply disliking an employer’s conduct and experiencing constructive dismissal. For an aggrieved employee seeking compensation, understanding this distinction is vital. The litmus test for a constructive dismissal claim is to demonstrate that your employer’s conduct was so severe that it fundamentally violated the employment contract. You’re left with no reasonable option but to leave your job, indicating that the termination was at the employer’s initiative rather than your own choice to resign.
Yet, this isn’t an easy task. Making a claim for constructive dismissal requires meeting a high threshold of evidence. You’ll need to prove, on the balance of probabilities, that your decision to leave wasn’t voluntary but rather coerced by your employer’s conduct.
In the dynamic and often tough environment, this understanding of constructive dismissal is critical for employees considering pursuing an application for constructive dismissal. Frontline Employment Defenders can assist you in understanding your rights and recognizing unfair treatment so you can stand up against bullying and unfair dismissals, ensuring that the workplace is a safer and more fair place for all.
At Frontline Employment Defenders, we aim to make sure employees are well-informed, empowered, and ready to combat workplace bullying and unfair dismissal. We service the Kilsyth, Bayswater, and Greater Melbourne Region.”
Call Frontline Employment Defenders Now so we can help you 1300 089 353 or visit https://www.fled.com.au