CONSTRUCTIVE DISMISSAL - RECENT DEVELOPMENTS
Ever felt you were forced to resign, or came close?
If the boss has forced you into an impossible situation, and you resign, our Courts may find that there has be a "constructive dismissal" and treat your resignation as an actual dismissal.
An obvious example would be continual sexual harrassment by the boss, or another employee, and nothing being done about that. You would be forced to resign . . . but you could bring a personal grieveance claim on the basis of a constructive dismissal.
EMPLOYMENT RELATIONS ACT 2000
We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.
Statutes
Statutory Regulations
Local & Private Acts
The Concise Oxford Dictionary defines constructive dismissal as "the changing of an employee's job with the aim of forcing resignation".
The actions of the employer must amount to a breach of an express term of the employment agreement sufficient to amount to a repudiation of the agreement. .....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!
