Constructive Dismissal
A resignation letter for constructive dismissal can be quite intimidating for a worker. Many companies will use this as a shield to deflect any concerns or accusations. But in reality, a dismissal letter for constructive dismissal should not be a defense to anything. A written notice of resignation does not mean that the employee is admitting guilt. A dismissal decision should be based on actual facts, not hearsay or speculation. If your employer is using this as a ploy, you have every right to dispute it and seek to have your case dismissed.
Your employer is obligated to give you the statutory notice of redundancy unless you are able to prove that there has been a fundamental breach of the Employment Relations Act. A constructive dismissal refers to an action by an employee which has a detrimental effect on the interests of another employee. These actions must be intentional and purposeful. For example, if the employer has unfairly dismissed you because of your race, sexual orientation, religion or even your political opinion, then there may be a case to fight back.
If you are wondering if you are competent to state a case for a constructive dismissal, then you need to read the following paragraph carefully. “A resignation letter for constructive dismissals is not evidence that you have been wrongful dismissed from work. It does not indicate whether the employer had made a decision in violation of the statutory or common law.” This means that while you may be able to state a fact (i.e. that you were let go because you could not tolerate the conduct of the employer) that in itself may not be enough to ground your case.
How Long Does It Take To Apply For A Deed Of Depreciation And A Constructive Dismissal?
If you are thinking that a letter of resignation is not needed, then you are wrong. Your circumstances may make this easier than it would be if you were facing an unfair dismissal from your line manager. In this case, the employer would likely have grounds for an appeal and for a constructive dismissal. This is where an employment solicitor or employment law specialist can help you and provide you with the professional advice that you need to win your case.
One thing to keep in mind is that the time period in which an appeal can be filed after your letter of resignation begins does not begin until the court has made its decision. If you do file a complaint after the effective date, the process will only be started when the appeal is initiated by the employee. Therefore, even though you might receive a letter of resignation, do not believe that this will automatically get your complaint approved. Also, do not think that an appeal will automatically make your former employer accept your termination notice. The courts take a long time to make their decisions, and there is a very good chance that the appeal will be denied.
The final point to keep in mind when considering a complaint for wrongful dismissal or constructive dismissal is whether the employer has actually contravened any provision of the employment agreement. In the majority of cases, an employer has contravened the agreement when a reasonable person would believe that they have contravened it. In the same way that a person can be found to have contravened the common law on issues such as discrimination, there are also many cases where an employer has contravened the terms of the agreement in the past. Therefore, if you do feel that your resignation letter and your complaint for constructive dismissal have been unfairly rejected, you may need the assistance of an employment law specialist who is experienced with these types of cases.