1 constructive dismissal on Fri Nov 08, 2013 11:54 pm
6 Re: constructive dismissal on Tue Nov 19, 2013 4:12 pm
Constructive dismissal refers to an involuntary resignation resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee or an unwarranted transfer or demotion of a employee, or other unjustified action prejudicial to the employee.stryker323 wrote:i was forced to resigned from my previous employer because of the cold shoulder treatment she is giving me plus she was claiming that i was not efficient enought doing my job. i filed a case in nlrc for this. do i have a chance of winning?
similar case for me now. i think thats constructive dismissal. i am working for a manpower agency and handling sales who talk to clients who will get people. therefore we are trained to answers questions as such. in fact, if my prospective client want to transfer their people to us, they cant even give them the idea to resign to transfer to us or even just tramsfer because thats constructive dismissal. just the same that our company which is a manpower cannot meet with them to encourage them or even give them options implying to resign and employ to us from another agency.
i hope i explained clearly.
the proof however that we both have is to prove that our employer is doing or done it. (although by default the burden to prove otherwise is on the employer) which is very technical.
We just hope that labor lean towards employee like it usually do and listen to us.
7 Grounds for Constructive Dismissal Wiki on Tue Nov 19, 2013 4:15 pm
Constructive dismissal is typically caused by:
unilateral contract changes by the employer such as:
deliberate cuts in pay or status (even temporary),
persistent delayed wages,
refusal of holiday,
withdrawal of car,
suspension without pay (or even on full pay),
dramatic changes to duties, hours or location (beyond reasonable daily travelling distance), or
breach of contract in the form of bullying, e.g.:
persistent unwanted amorous advances,
bullying and swearing,
verbal abuse (typically referring to gender, size or incompetence),
singling out for no pay rise,
criticising in front of subordinates,
lack of support (e.g. forcing to do two peoples' jobs),
failure to notify a woman on maternity leave of a vacancy which she would have applied for if she had been made aware of it,
refusal to confirm continuity on TUPE transfer,
revealing secret complaints in a reference (even ones required by a regulator), or
breaches such as:
behaviour which is arbitrary, capricious, inequitable, intolerable or outside good industrial practice,
conduct that undermined trust and confidence (i.e. offering an incentive to resign to avoid performance managing capability),
refusal to look for an alternative role due to workplace stress,
disproportionate disciplinary penalty,
employer cons employee into resigning.
SOURCE: WIKI under constrcutive dismissal
Last edited by kimdejesusb on Tue Nov 19, 2013 4:16 pm; edited 1 time in total (Reason for editing : typo)
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