In most cases, an employee quits because the working conditions have become so intolerable that they can no longer stand to work for the employer. Although the employee voluntarily quits due to the circumstances, the employee was put in a position where they had no other choice.
When it comes to the employee’s resignation, it is overlooked for legal purposes because the relationship was, in effect, terminated involuntarily by the employer’s behaviour. In these situations, the resignation is treated as a firing.
How to proceed when faced with forced resignation & constructive dismissal?
If the actions of the employer constitute unlawful behaviour or a breach of employment contract, the employee may then have a claim for wrongful constructive dismissal.
When it comes to a breach of contract, it may not be just one incident that causes it. Often, there is a pattern of behaviour or incidents that, when taken as a whole, amount to a breach of employment contract.
If the case involves a pattern of behaviours, the “final straw” for the employee that leads them to resign must be related back to previous acts of misconduct. When all the acts add together, there is a strong case for wrongful or constructive dismissal.
Constructive Dismissal Relocation, Stress, Harassment and other Examples of Forced Resignation Claims
Below are examples of breaches of contract that can entitle an employee to make a claim, drawn from constructive dismissal case law precedents. There is a wide range of contract breaches and they can vary from industry to industry.