Constructive Dismissal Case Study

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In proving a constructive dismissal case, an employee has to demonstrate that the employer breached the contract to the extent that you were left with no other option than to quit. Such a contract breach could involve the failure by your employer to pay your dues or a demotion without any basis. Other reasons could be an unhealthy and dangerous working environment, changes in your job that are outside your contract such as being forced to work night shifts, extended hours, etc. There are different types of constructive dismissal cases. 1. Reducing Wages Without Consent If your employer wakes up one day and decides to slash your salary without your consent, you have the right to sue for constructive dismissal. This is a serious breach of your …show more content…

Ideally, when such cases are brought to the attention of an employer, the offending employee should be reprimanded and other appropriate actions taken against them. 4. Increased Workload If an employer arbitrary and unfairly increases your workload without your consent or without compensating you, you could press constructive dismissal charges against them. However, before taking this action, carefully scrutinize your contract to establish whether you have solid reasons and evidence to pursue this route. If your contract says that part of your duties include ‘any other duties as the employer may deem fit’, pursuing damages under this scenario could be a very difficult nut to crack. Proceed only if you have overwhelming evidence that your employer is at fault. 5. Work Location Changes If your employer suddenly decides to move offices to another location without contractual authority, and should you for one reason or another not be in a position to relocate to that location, perhaps because this will involve leaving your family behind, you could apply for constructive dismissal. In an ideal situation, an employer should adequately prepare their staff and provide compensation for those unwilling to

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