Constructive Dismissal and Forced Resignation

Constructive Dismissal and Forced Resignation

 

If you have been forced out of your job, you may be able to lodge an unfair dismissal claim.

Being forced to resign is not properly understood. To put it in layman’s terms: every week thousands of Employees resign, because they want more pay, didn’t get the promotion they wanted, the boss has given them extra duties, told them off for being late to work, the boss is unfriendly, the list is endless.

Constructive Dismissal and Forced Resignation

Most of these Employees think they are forced into leaving, but the reality is they have choice, they can stay and put up with the conditions, they can talk to HR, or they can leave. It is up to the employee to decide to stay or to go. This not a constructive dismissal.

A constructive dismissal refers to circumstances where the employee is given no choice but to leave their job. The Employer has embarked on a course of action to make the employee leave, or the conditions in the work place are that impossible and no reasonable person could stay.

Examples may include:

  • “Resign now or we will fire you”
  • Sexual harassment
  • Big cuts in pay and conditions
  • Unreasonable relocation
  • Physical violence or threats
  • Changed from day to night shift knowing you cannot do it
  • Having your pay structure altered to commission based
  • Constant discriminatory comments or actions

Call us today to discuss your circumstances, our strongest advice is to not resign before getting competent advice.

Constructive Dismissal and Forced Resignation Claims

Not all industrial relations or workplace situations are straight forward.

Workplace bullying is quite difficult. A lot of bullying and harassment is subtle or covert. False, malicious, or unsupported accusations, unreasonable or excessive discipline, victimisation, indirect discrimination – when does bullying cross the line to meet the test of forcing someone out of their employment?

You know your boss or a work colleague wants you out, but proving it can be difficult. It is important to keep good records of events at home, and having lodged complaints in writing with your employer. You may think sometimes it is a waste of time, but it is important you have a history of trying to stop the bullying. This is important when the matter proceeds to the Industrial Relations Commission, Equal Opportunity Commission or to Fair Work Commission.

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