Abstract:
Constructive dismissal comes into the equation when an employer behaves in such
a manner that eventually and ultimately leads to the employee, being the receiving
party, in the employment relationship, to terminate the employment contract. This
termination must be the direct result of the conduct of the employer that irreparably
frustrated the relationship and made it impossible for the employee to remain in the
service of the employer in question. The law of constructive dismissal requires a
balance between the competing interests of employees and employers. The
employee is the one who makes the claim and determines whether to accept the
changes made to his position or to resign and seek damages for wrongful dismissal.
A factor which creates further uncertainty is that the employee also controls when to
make the claim. Although the employee has greater control over constructive
dismissal claims, an employer can take steps to limit the risk of an employee making
a claim of constructive dismissal.
