In the News

Last week we have seen an increased number of Constructive Dismissal cases present themselves.

What is Constructive Dismissal?

Constructive Dismissal occurs when an employee resigns and then claims that the employer made it impossible for them to stay in that employment.

Notwithstanding the fact that the employee has resigned, there is still an opportunity for the employee to claim unfair dismissal, and there is very little an employer can do at that stage.

However there is plenty that employers can do to protect themselves in the event of such a claim.

Adequate records must be kept to protect the employer.  Every incident, conversation and occurrence between the employer and their employees must be recorded appropriately, and kept on file.

These documents will then show that the employer has addressed all complaints that have been raised during the employment, and if there are subsequent claims of unfair treatment, there will be good records of all interactions between the aggrieved employee and employer.   Use appropriate forms and follow your human resources processes to protect yourself.

Always insist that employees provide a written notice of resignation and always conduct exit interviews with departing employees.  This document in particular will assist you to defend any adverse action.


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