This is a big subject when it comes to ER. Also a lot to write about. So today, we start with the basics.
Constructive Dismissal basically happens when an employee leaves his/her job, what seemed to appear as a voluntary resignation but not. What would had happened, the employer changed the employee’s job or working environment in which the employee found to be hostile and leads the employee to leave the job. Like, as if the employee was ‘forced’ to go.
So you see, the resignation does not seem to be truly voluntary anymore, like one is being dismissed actually, hence, constructive dismissal.
Now, before we jump the gun to simply say one is being constructively dismissed, we must first check if the case meets the pre-requisite conditions for claiming. Enters Aziah Anis v. Konsortium Perkapalan Bhd & Anor [2005] 2 ILR 273.
In this case, the chairman referred to the principles summarized in Bryn Perrin’s Industrial Relations and Employment Law, in which I have also summarized in this pretty infographic as below.
It then said, “If the employee leaves in circumstances where these conditions are not met, he will be held to have resigned and there will be no dismissal within the meaning of the legislation at all.”
Interesting, isn’t it? Want to learn together more of this subject this week, well, come forth follow @Sim Ling Ku #TheAspiredCXO.
Bimbo
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