Workplace Policies Play in Constructive Dismissal Cases
For an employee to resign and claim constructive dismissal, they must have suffered a fundamental breach of their employment contract that makes their work environment intolerable. This could be a direct act by the employer or a series of events that culminate into what they feel is a final straw. For a complaint to hold up in court, employees must be clear and comprehensive about the issues that have made their workplace unworkable. Documenting these events can help an employee build a case for constructive dismissal, so it is a good idea to keep a log of any relevant incidents or emails that may highlight the issue. Keeping a record of any concerns that are raised or ignored by management will also help employees to make their case.
Employers should be aware that there is a fine line between making necessary changes to the workplace and creating an intolerable working environment. While it is essential that businesses adapt to changing economic and industry trends, it is not okay to singlehandedly make major changes to an employee’s role without considering the impact on that person’s job satisfaction. This sort of unilateral change can be seen as a breach of an implied term of the employment relationship, i.e., a breach of the employer’s duty to maintain trust and confidence in the employee.
A failure to address a worker’s grievance can also qualify as a breach of the employment contract, especially in cases of discrimination or unsafe work. While these sorts of issues aren’t typically written into contracts, there is a legal principle called the doctrine of implied terms that may still apply in these situations.
What Role Do Workplace Policies Play in Constructive Dismissal Cases?
The specific rules governing how long an employee is entitled to be paid when they quit their job and claim constructive dismissal can vary from country to country. However, a general rule is that they are entitled to be compensated for the time it takes them to find another job that pays as well or better than their former position. This amount is determined based on a number of factors, including the length of their service, the nature of their former job, and how easy it would be for them to find a similar role in the local workforce.
In addition to being able to prove that they have been constructively dismissed, an employee must also have resigned within a reasonable period of time after the employer’s breach. This is because if an employee fails to quit their job in a timely manner, they may be deemed to have implicitly affirmed their employment contract and lost their right to claim damages.
As a business owner, it is important to keep in mind that workers have protections against unfair treatment from their employers even without a formal employment contract. These include anti-retaliation laws, whistleblower protections and workplace safety legislation. Workers are also protected against unfair retaliation and coercion under sexual harassment laws, but it is important to remember that these rights can only be enforced if the employee has reported the incident or concerns to a supervisor or HR representative in the first instance.