What is Constructive Dismissal?

A constructive dismissal occurs when a person has resigned from their employment but was forced to do so due to the actions of the employer. In other words, the employee felt they had no choice than to resign. Usually this is a consequence of a workplace grievance not being managed appropriately; or the result of unacceptable or unlawful behaviour that the business did not address.

We encourage businesses to have rigorous policies around workplace behaviour and managing grievances to avoid the potential of a constructive dismissal claim. Please contact HRAnywhere on 1300 208 828 or info@hranywhere.com.au if you need a policy or further information on how to protect your business.