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Explain the term 'Constructive Dismissal'. - Leaving Cert Business - Question 7 - 2013
Question 7
Explain the term 'Constructive Dismissal'.
Worked Solution & Example Answer:Explain the term 'Constructive Dismissal'. - Leaving Cert Business - Question 7 - 2013
Step 1
Explain the term 'Constructive Dismissal'.
Answer
Constructive dismissal occurs when an employee resigns due to their employer's conduct that fundamentally breaches the contract of employment. This means that the employee feels forced to leave because of the employer's actions, which may include unfair treatment, unsafe working conditions, or significant changes to job responsibilities.
Even though the employee has not been formally dismissed, they can invoke the Unfair Dismissals Act of 2007 to claim that they have been dismissed unfairly. In such cases, it's important for the employee to demonstrate that the employer's actions justified their decision to resign without prior notice.
In a constructive dismissal situation, the burden of proof lies with the employee to establish that the resignation was warranted due to the employer's unreasonable behavior. The employee must show that it would have been reasonable for them to terminate their contract under the circumstances.