Posts: constructive dismissal

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constructive dismissal

Commission rejects constructive dismissal claim after finding performance review process did not force employee to resign

Full force denied

For an employee to access the unfair dismissal jurisdiction, they must be “dismissed” from their employment by the employer. In some instances, a resignation can be a “dismissal”, when an employee is forced to resign due to the employer’s conduct. This is referred to as a “constructive dismissal”.

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FWC upholds objection to constructive dismissal claim

Construction zone

In order to access the unfair dismissal jurisdiction, an employee must be “dismissed” from their employment by the employer. One of the instances in which an employee may be “dismissed” from their employment is if they were forced to resign because of the employer’s conduct or course of conduct.

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FWC finds resignation warranted

May The Force Be With You

Managing employee exits can be tricky business, particularly when dismissing an employee for unacceptable conduct and behaviour.

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