Constructive Dismissal:

Constructive Dismissal: what is it?

Constructive dismissal can be categorised in three main types.  These which have been identified by the New South Wales Industrial Relations Commission and can be broadly described in the following terms:

• Forced resignation, where an employee is pressured to resign from work but where that employee would ordinarily not want to have resigned in the first place;
• Where the employee is “squeezed out” by making continued employment intolerable and thus resulting in the employee’s resignation;
• Where the employee is unilaterally demoted by the employer or where that employer acts in a detrimental way, so that the employee resigns.

These matters are heavily evidence based and the law is constantly evolving in relation to what will constitute duress, “squeezing out” or detriment. A Constructive Dismissal Lawyer who regularly deals with constructive dismissal cases will need to familiarise himself with the details of a complainant’s case as well as conduct diligent legal research. This is necessary so that the matter can be approached on the basis of a current understanding of the law as applied to the facts.  In addition, it is critical to properly assess the merits of the matter and the factual matrix at hand, to determine the strength of any perceived or potential case.

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