Constructive Dismissal / Forced Resignation
Have you been backed into a corner by your employer with no other option but to resign? Let us know, we can arrange an employment advocate to talk through your options with you.
Constructive dismissal, also known as a Forced Resignation, is the legal term for when you were forced to resign or had no other option but to resign.
Constructive dismissal occurs when an employer places an employee in a situation where they have no option but to resign. If this has happened, you may be able to raise a personal grievance.
There are three main categories:
The employer has given you the choice between resigning or being fired.
The employer deliberately acts in a way aimed at pressuring (directly or indirectly) you to resign.
The employer has acted so badly (ie by breaching the agreement or treating you highly unfairly) that makes it impossible to continue in your job.
This type of dismissal, where you have actually resigned, is not easy to challenge. It’s up to you to show that resigning was your only real option.
You must also show that the employer was aware and would have predicted that you would likely resign if they didn’t change something.
If you are still in your job and you are unhappy about the way you have been treated you may be tempted to resign and say later that it was a constructive dismissal.
We strongly urge you not to do this. It is far better to have one of our employment specialists advocate for you. It may be possible to negotiate an exit package instead of resigning.