Constructive Dismissal for employees
We have over time published various articles on forced to resign, constructive dismissal and the circumstances surrounding this. The articles usually take a fairly legalistic approach, looking at the law and at numerous unfair dismissal claims. This article is taking a more passive view and is part of a process to get you thinking about your predicament . At the bottom of the article you can click through to these articles. The workplace is a place where employees learn in different ways. These ways can be constructive, critical or productive for the employees.
The thoughts that confuse employees is that whether the critical analysis of their performance is to be perceived as criticism or narrative. There is a slight difference between criticism and narrative for the employees. Criticism can be done to improve them professionally so that they focus on the areas where they lack. While narrative can be of the employee itself regarding the constructive dismissal. That is to force them to resign.
What is constructive dismissal at the workplace?
Constructive dismissal is a term used to describe a situation in which an employee is forced to resign due to the employer’s actions. It leads to the situation of having no choice but to resign. It profoundly affects the workplace environment and employee also. Under this unfair dismissal scenario and criticism that effects employees can include situations such as a change in job duties. A reduction in pay or benefits, or a hostile or toxic work environment. Constructive dismissal can be a difficult situation for an employee to navigate.
It in turn can be difficult to prove that the employer’s actions were the cause of the resignation. In other words we can say, constructive dismissal is an intellectual step taken by the employer’s in which they remain safe and free from any accountability. You were not forced to resign. While on the other hand employees who have suffered for a long time end up giving their jobs because of the actions of the employer.
Many employees have been facing such critical situations at the workplace environment and it gets difficult for them to often handle the situations. However AWNA can help the employees come out of the criticism and its effects on employees.
What must an employee do if they experience constructive dismissal?
Over the years, employees have been suffering constructive dismissal with considerable traumatic effects. While the employer had enjoyed the situation smoothly as employees come and go. The employers took advantage of the employees situation and created circumstances that forced the employer to give up their jobs despite the fact that how necessary that “one” job could be for them. Where employees like these try to jeopardize the career of capable employers and they become the victim of constructive dismissal.
Consider your situation and get advice
It is advised that employees follow some of the mentioned above steps:
- When an employee believes that they have been constructively dismissed, they should first try to resolve the issue with their employer. As we all know, “Communication is the key”. So the employees must try to settle their disputes with the employers through communication. Also, it can involve discussing the situation with the employer, and attempting to reach an agreement that is mutually beneficial and can save an employee from criticism and its effects on their professional reputation. Be aware there is a strict 21 days to lodge a unfair dismissal claim with the Fair work Commission if matters are not resolved.
- If the employer is unwilling to resolve the issue, the employee may be able to take legal action. Constructive dismissal is not easy for every employee to digest. It can have serious consequences for an employee which they might not be prepared to tackle or lead with their ongoing life.
- Constructive dismissal can also lead to loss of wages, benefits, and job security. It can also have an impact on the employee’s reputation and the profile when he/she appears for the job anywhere else as they may be seen as having “quit” their job rather than being “fired”. That they cannot handle stressful situations in the workplace.
- Since, it might be considered they have “quit” the job many people would question their abilities at work place. Their performance would be judged. It would take them longer than usual to prove at a new workplace that they are honest and hardworking.
Can employees survive without taking an initiative against Constructive dismissal?
Anything that goes against the humanitarian laws and anything that goes beyond a person’s control requires a strong initiative to be taken against it. Constructive dismissal might benefit the employer but for an employee it is a challenging situation. This questions his/her capability along with creating barriers for them in their survival at workplace and at shifting from their jobs. If the question is of taking an initiative or raising your voice, yes they must stand against the effects of a constructive dismissal.
Employees working in the workplace come from different backgrounds. Such as some of them might work for experience and growth, some would be the breadwinner of the house, few would work because they have to keep themselves busy to escape other stress while some would be working because of their problems etc.
On humanitarian grounds, whether it is an employee or it is an employer, they must stand against constructive dismissal. Employers should take steps to avoid constructive dismissal in the workplace. As they are authoritative persons in the workplace, they can take the initiative which can bring change at holistic grounds.
How employers can ensure these steps?
Employers can take steps which include ensuring that employees are aware of their rights. On a annual or bi annual basis there should be seminars arranged or small workshops that teach the employees of their rights (includes sexual harassment, discrimination, bullying, harassment etc). Also, the employees and employers must be aware of their responsibilities, and that they are treated fairly and with respect.
Respect is the equal right of every human being whether they are working in senior positions or they are local or casual workers. Employers should also ensure that any changes to job duties or pay are communicated clearly and in a timely manner. Many employees are award covered which would include consultative clauses (these can be views at the Fair work Ombudsman’s web site.
In addition, employers should be aware of the potential legal consequences of constructive dismissal. Because if they would know the rights and responsibilities it would save them from falling into the consequences of constructive dismissal. So, in order to save oneself from falling into the well, it is better to seek knowledge. If an employee is successful in proving that they were constructively dismissed, they may be entitled to compensation for lost wages and benefits, as well as damages for pain and suffering. There two types of claims a unfair dismissal claim (F2) or a general protections claim (F8). Get advice on which claim to lodge.
Constructive dismissal can be a difficult situation
Constructive dismissal can be a difficult situation for both employers and employees. It is important for employers to take steps to avoid it, and for employees to be aware of their rights and responsibilities. By taking these steps, employers and employees can work together to ensure that the workplace is a safe and productive environment. Also, communication is the key to solve any kind of problem. If the employer has any kind of problem with the employee he/she must try to resolve the dispute through communication. Not simply bully or harass them out of their job.
It is better to solve issues without creating obstacles for others and for one’s own self as well. In Australia, as people reside and work coming from different communities. Where Australia opens doors and opportunities for people coming from different class and religion, at workplaces and public places people face issues because of discrimination, hatred and negativity. However at workplace, this can be a big reason between the employer and employee for constructive dismissal.
If you are a victim of constructive dismissal or you know someone who has been suffering from dismissal from a long time but does not know whom they must refer to then it is high time that you must get advice.
Who are We?
A Whole New Approach is a advocacy agency that helps the employees who have been subjected to issues in the workplace. They make the dishearten employees believe they are superheroes. Who can achieve anything and fight for the right thing or demand. They have been working in this area for 20 years. Over these years they have learnt, gained customer’s trust and have helped the needy accomplishing for what they have been struggling so far.
A lot of people fear sharing their sorrows or struggles with anyone. The fear of being criticized, judged or difficult times ahead make them suffer alone. At AWNA, the people subjected to constructive dismissal or any other kind of issue are known as “Warriors”. The first thing that motivates and enables them to fight for their right is the title given to them. Secondly, AWNA ensures that anything shared with them remains confidential. This also makes the warrior feel relaxed and they can further share their struggles and what they want.
We are all warriors
AWNA enables the warriors to gain what they want without any extra struggle or stress. It is a safe place where your worries are blown away. So if you are the victim of constructive dismissal. Or if you know anyone who is suffering from an issue of this kind at workplace, refer them to AWNA today and seek justice with proper guidance. All Fair work Commission matters, including serious misconduct, toxic workplace, general protections anything to do with the workplace.
Give us a call on 1800 333 666
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