What is the new proposed anti-strike bill and what does it mean for employers?
Posted on January 24, 2023
Constructive unfair dismissal and actual unfair dismissal are often confused and misinterpreted.
Whether an employee has been constructively unfairly dismissed or unfairly dismissed very much depends on whether they have resigned as a result of a fundamental breach of the employment contract or whether the employee’s employment contract has been terminated by their employer.
In order for an employer to show that the dismissal is fair they must be able to satisfy the following:
The following are potentially fair reasons for dismissal:
Constructive Unfair Dismissal
Constructive dismissal is when an employee has no option but to leave their employment against their will because of their employer’s conduct. There must be fundamental breach of the contract of employment. For instance where:
In most circumstances, it is advisable to raise a grievance in order to try and resolve any issues.
If matters are not resolved, it is advisable for an employee, who feels that there has been a fundamental breach of their contract of employment, to resign immediately as an employer may argue that by continuing to work, the employee accepted the treatment.
The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.
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