Constructive Dismissal -- Advice for Employees

Q: I have been reading about constructive dismissal on the internet. I am convinced that my job has been changed significantly in the last several months. Do I just walk out, and say I’ve been constructively dismissed?

A: No!

Although you don’t say how long you’ve worked for your employer, constructive dismissal is a high-risk alternative. The onus is squarely upon you to prove, on the basis of objective evidence, that your employer has unilaterally and fundamentally changed the existing terms and conditions of your employment relationship. While that may be the case, there may be other avenues worth exploring before taking the “plunge”, accepting that significant onus, walking out and claiming constructive dismissal.

Typically, the employer’s “knee jerk” reaction to someone in your circumstances walking out and claiming constructive dismissal is to take the counter position that you have, in effect, quit, and thereby disentitled yourself to any compensation.

While the internet can be a good source of basic legal information, often a little bit of knowledge can be a dangerous thing (as the saying goes). Be careful, you are playing with your career and, perhaps, significant economic entitlements. Get good, solid advice, and get it soon.

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