Reasonable Case For Constructive Dismissal
A constructive dismissal can be described as a scenario in the work place, which has gone beyond the tolerable or reasonable level, and that renders the continued employment relationship completely intolerable for the worker to such an extent that the worker has no choice but to resign. Usually this type of dismissal is instigated by some form of illegal behavior on the part of the employee. Such behaviour can be in the form of discriminatory treatment, harassment, unsafe working conditions, poor working hours, or any other form of unfair treatment. In some cases the act of discrimination can amount to sexual harassment, physical assault, or any other severe form of abuse, towards another person.
In most cases where this has occurred, the employer has to prove that the worker had given several months’ notice of his intention of resigning. If the employee has not been able to do so, then constructive dismissal means that he or she has officially asked for resignation and has not left him or herself enough time to make the decision of resignation. Another essential condition that must be met in order for an employee to be given this type of dismissal is that it should have been made in writing. If it was not, then the employer will only be allowed to give this dismissal after a disciplinary hearing has been held.
The only way for an employee to get over this situation is to challenge it in court, proving that it was indeed unfair for the employer to fire him/her based on some unfair reason. A court will decide if the employer was justifiable for wrongful termination, or whether the company followed the law by terminating the employee for reasons that it deemed unnecessary and unreasonable. A constructive dismissal means that if an employee is subjected to an intolerable level of unfair treatment by another employee, he or she has the right to ask for a retrenched or dismissed position. However, the situation will still be considered unfair if the situation could have been remedied without undue hardship on the employees involved.
What Is Compensated In A Reasonable Case For Constructive Dismissal?
In most cases, if an employee feels that he or she was made redundant or let go unfairly, they can file a case of constructive dismissal. But, in order for this to be successful, the employee must prove that he or she has been subjected to undue hardship. The employer is required to prove that the job responsibilities of the person had been compromised and that those responsibilities could no longer be met by other available employees. It is important to note that the mere suggestion that the job could be performed by someone else does not constitute an undue hardship to the employer.
Another situation that may allow for constructive dismissal is when an employee feels like he or she has been discriminated against, either individually or by the company. In order for this to be considered valid, the victim of discrimination has to submit written evidence to the employment Tribunal that he or she has experienced a form of racial discrimination. The employer is then required to prove that this was not true. For instance, if an employee complains about being kept off from a promotion because he is Asian, it is important for the employer to show that there is not a real problem with the candidate being hired in place of another. This is one of the requirements that the Employment Tribunal will impose on the employer.
The last, but not least, is that an employee can also use the “wrong” kind of disciplinary action to try to get out of a job. For instance, if an employee is unhappy with his or her performance and is not going to see an improvement, but realizes that he or she might be facing discipline for it, then this is grounds for a complaint to the employer’s right of constructive dismissal. Usually the employer will consider having the employee subject to some kind of punishment that would lessen or stop the negative things that were said about them. But for this to actually take place, it is necessary for the victim to complain first.
