Overview
IntroductionOften, employers sever an employment relationship by dismissing their employee for various reasons. Considering the severity of dismissal and its legal implications, one would think that dismissal must be express and unequivocal; however, experience has shown that an employer does not need to expressly dismiss an employee for there to be a dismissal. This concept is known as constructive dismissal. The scope of this concept is likely to expand as employees continue to challenge their exits. In light of the above, this article provides a concise yet nuanced understanding of constructive dismissal, including the acts that may give rise to such a claim. However, it is not concerned with the standard required to prove a constructive dismissal claim, as it falls outside its scope.
Instructively, the article will also highlight practices to help employers minimise the risks of adverse claims based on constructive dismissal. Understanding Constructive DismissalConstructive dismissal, also known as constructive discharge or constructive termination, occurs when an employer provokes an employee to resign, either by creating a hostile work environment or by unilaterally changing the nature of employment, the place of employment, or important terms of the employment contract.
