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	Constructive dismissal - Wikipedia, the free encyclopedia
		In employment law, constructive dismissal, also called constructive discharge, is where an employee resigns due to their employer's behaviour.
		In South African law, constructive dismissal is covered in section 186 of the Labour Relations Act of 1995.
		A dismissal means that an employee terminated a contract of employment with or without notice because the employer has made continued employment intolerable for the employee.
	en.wikipedia.org /wiki/Constructive_dismissal (355 words)

	Gowlings Resources [Constructive Dismissal]
		The doctrine of constructive dismissal recognizes that, in a situation where proposed changes are unacceptable, the affected employee may have a right to treat the employment as terminated and to claim damages.
		In determining whether a relocation can constitute a constructive dismissal, it is important to consider the nature of the person’s position and his or her history with the organization.
		Constructive dismissal claims are less likely to succeed where substantial changes in an employee’s position result from a legitimate business purpose, which is unrelated to the plaintiff’s particular circumstances.
	www.gowlings.com /resources/publications.asp?pubid=741 (3903 words)

	Unfair dismissal from employment (Site not responding. Last check: 2007-10-31)
		(l) an employee who is dismissed during a period at the beginning of employment when he/she is on probation or undergoing training, provided that the contract is in writing and the duration of probation or training is one year or less and is specified in the contract.
		(m) an employee who is dismissed during a period starting with the commencement of the employment when he/she is undergoing training for the purpose of becoming qualified or registered, as the case may be, as a nurse, pharmacist, health inspector, medical laboratory technician, occupational therapist, physiotherapist, speech therapist, radiographer, or social worker.
		Constructive dismissal arises where you terminate your contract of employment, with or without prior notice, due to the conduct of your employer.
	www.oasis.gov.ie /employment/losing_your_job/unfair_dismissal.html (3520 words)

	Unfair constructive dismissal
		Constructive dismissal occurs where an employee resigns in circumstances where she is entitled to do so because of a significant and fundamental breach of the employment contract by the employer.
		Constructive dismissal falls under the statutory grievance procedure rather than the dismissal and disciplinary procedure, so the onus is on the employee to initiate the procedure by lodging her grievance (see Steps before issuing a claim-the compulsory grievance procedure).
		For there to be a constructive dismissal, the conduct which is in breach of contract and leads to the resignation has to be attributable to the employer.
	www.eoc-law.org.uk /Default.aspx?page=2825 (3053 words)

	What is Constructive Dismissal
		A constructive dismissal is a form of termination where the intention to terminate is not stated explicitly.
		In the absence of the consent of the employee or authorization in the contract of employment, the theory of constructive dismissal may impose a limit on the changes to the terms of employment that an employer can unilaterally impose.
		To determine whether constructive dismissal has occurred it is recommended that employees seek legal advice when changes have been made to the terms of their employment contract.
	www3.sympatico.ca /michael.westman/Settlement/WhatisCD.htm (346 words)

	Constructive dismissal: Job loss of a different kind - workopolis.com (Site not responding. Last check: 2007-10-31)
		A constructive dismissal occurs when an employer unilaterally, that is without your express agreement or acceptance over time, and fundamentally changes one or more of the existing terms and conditions of your employment relationship.
		The dismissal is known as "constructive" in the sense that although your employer has not said the magic words, "You are fired," it has, nevertheless, by its actions or behaviour breached the existing contract of employment between you and it, which is the foundation of every employment relationship.
		The test as to whether the change, or changes, in question amount to a constructive dismissal, which would in essence permit you to leave your employment and treat it as having been terminated, is meant to be an objective one.
	workopolis.com /servlet/Content/torontostar/20050530/constructive?... (1433 words)

	What is Constructive Dismissal?
		If, however, the employee is constructively dismissed, the effect is the same as if the employer had wrongfully dismissed the employee (i.e.
		With constructive dismissal, the employee is, therefore, entitled to the same notice period and or compensation in lieu of notice as if they had been wrongfully dismissed.
		Examples of some fundamental changes to the conditions of employment that may be classified as a constructive dismissal are: substantial reduction in pay; reduction in hours; change in duties and responsibilities; and requirements that the employee relocates to another city (provided this was never part of the employment contract).
	www.zvulony.com /constructive_dismissal.html (480 words)

	Nationwide Constructive Dismissal Claims From Specialist Solicitors
		Constructive Dismissal involves the resignation of the employee in circumstances arising out of the conduct of the employer.
		he or she has to show that all the above criteria are satisfied unlike in unfair dismissal claims where the burden is squarely on the employer to show that the dismissal was fair.
		If the employee does not meet the requirements set out in the procedure, then any constructive dismissal awards made to him or her will be reduced by at least 10% and maybe reduced by up to 50%.
	www.employment-law-solicitor.co.uk /constructive.html (513 words)

	Constructive Dismissal in South African Law
		Constructive Dismissal is a form of statutory dismissal that would be open to scrutiny by the law.
		Section 186(1)(e) of the LRA defines constructive dismissal as a dismissal where "an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee." In essence the conduct of the employer gives the employee no option but to resign or repudiate the employment contract.
		Where an employee alleges that he/she has been dismissed by way of constructive dismissal, the employee bears the onus of establishing that a dismissal was unfair.
	www.labourprotect.co.za /constructive_dismissal.htm (707 words)

	workSMART - your rights - What is a
		A constructive dismissal is where an employee resigns because of some action by the employer which causes the employee to believe that continuation of employment is impossible.
		This action could be a detrimental change in the contract of employment, (although it has to be a fundamental change), or a refusal to improve intolerable working conditions.
		Constructive dismissal cases are hard to win, and unless your conditions are absolutely intolerable you should take advice before walking out on your job.
	www.worksmart.org.uk /rights/viewquestion.php?eny=19 (117 words)

	Constructive dismissal - IDS Employment Law Supplement
		Dismissal is most commonly thought of as the termination of the contract of employment by the employer.
		This Supplement examines the principles that govern the law on constructive dismissal and explains how they are treated in practice by employment tribunals.
		Chapter 3 is concerned with constructive dismissal in the context of unfair dismissal.
	www.incomesdata.co.uk /brief/constructivedismisal.htm (308 words)

	Wrongful dismissal / constructive dismissal (Site not responding. Last check: 2007-10-31)
		It may also be unfair dismissal and/or dismissal by reason of redundancy (see ERA 1996 s.95(1)(c) for unfair dismissal and ERA 1996 s.136(1)(c) for redundancy cases).
		The employer's conduct in such a case is termed a "repudiatory breach of contract" and the employee's resulting resignation will rank as dismissal, termed "constructive dismissal".
		From the employer's point of view the consequences of constructive dismissal may be more serious than "merely" finding himself liable to pay compensation or damages, expensive though even that may be.
	emplaw.co.uk /free/4frame/data/019.htm?.../constructivedismissal (645 words)

	constructive dismissal (Site not responding. Last check: 2007-10-31)
		An employee claiming unfair dismissal must prove either that the employer has terminated the contract of employment, that a fixed-term contract has expired or that the employee has terminated the contract with or without notice and alleges constructive dismissal.
		Where a local authority councillor had subjected a council employee to verbal abuse and accusations of dishonesty while he was carrying out duties on council premises there was a breach of the duty of mutual trust and confidence which entitled the employee to resign and claim constructive dismissal.
		If you think that you may have been unfairly dismissed, please use our unfair dismissal check to see whether you are likely to be able to bring a claim in an employment tribunal.
	www.canter-law.co.uk /employment/constructive_dismissal.html (471 words)

	constructive dismissal claims- free legal advice on compensation for constructive dismissal in the UK
		Complaints in this area can be difficult to prove because not only do you have to show that the dismissal was constructive you then have to establish as an employee that you were effectively unfairly dismissed.
		Constructive dismissal complaints need specialised legal assistance and our solicitors can help you by providing the necessary advice.
		If we do win your constructive dismissal case then we will agree to share your damages as part payment of costs incurred.
	www.claimsweb.fsnet.co.uk /constructive_dismissal.htm (1015 words)

	Constructive Dismissal
		An employee being constructively dismissed only proves that they were dismissed, it does not automatically prove that the dismissal was unfair.
		This can be a tricky area, an employee can resign and claim Constructive Dismissal due to the employer's behaviour, but the employer could turn around and say that he (the employer) breached the employment contract, but that it was done, for example, because of the reorganisation of the business.
		If the Constructive dismissal is connected to one of the Unfair Dismissal Exceptions it will be simple to prove that it was unfair.
	www.compactlaw.co.uk /monster/empf8.html (378 words)

	What is constructive dismissal UK ?
		Constructive Dismissal occurs when an Employee leaves their job only due to the unacceptable behaviour of an Employer.
		Examples were an Employer may be in breach of contract and guilty of constructive dismissal UK include; Loss of status, salary or position.
		So don’t forget, who you have fallen victim to wrongful dismissal, according to the Employment Law in England you may be entitled to make a claim for compensation, Paul Rooney, the Employment Law Specialist can help you make your claim for Constructive Dismissal UK.
	www.prp-online.co.uk /constructive-dismissal-uk.htm (205 words)

	The Constructive Dismissal Approach (Site not responding. Last check: 2007-10-31)
		Preferring to simply quote the conclusions of papers and reports that state that there were no adverse effects found, while failing to recognize that the data and analysis within the documents do show significant associations, including significant dose-response relationships.
		Dismissing epidemiological studies on the grounds that populations and exposures are not well defined.
		Dismissing research results one by one and failing to assemble and interpret the whole pattern of research results - the divide to conquer approach.
	www.whale.to /b/con9.html (638 words)

	Ending an Employment Relationship : Employment Relations Service
		There must be a good reason for a dismissal and the dismissal must be carried out fairly.
		Unless there has been misconduct so serious that it warrants instant dismissal, the employee should be given clear standards to aim for and a genuine opportunity to improve.
		If an employee is dismissed, he or she has the right under the Employment Relations Act to ask the employer for a written statement of the reasons for dismissal.
	www.ers.dol.govt.nz /relationships/ending.html (1154 words)

	Bell Gully - Constructive dismissal - recent developments (Site not responding. Last check: 2007-10-31)
		Generally, claims of constructive dismissal are notoriously difficult for employees to establish as the onus of proof rests with the employee to establish that the dismissal was unjustified - in contrast with claims for unjustified dismissal where the onus is on the employer to prove that a decision to dismiss was justified.
		The Court said constructive dismissal is wider than a situation where an employee resigns from their employment in circumstances where their resignation has been forced or initiated by their employer.
		The Court took the view that the manner in which the workstation was moved left a lot to be desired but did not give rise to a constructive dismissal.
	www.bellgully.com /resources/resource_00163.asp (808 words)

	Cases on whether "dismissal" includes constructive dismissal - DDA and stammering (stuttering)
		The EAT held that "by dismissing him" in DDA old section 4(2)(d) # did not include constructive dismissal.
		Given the conflicting decisions, it is not clear whether constructive dismissal is dismissal for DDA purposes before 1st October 2004.
		But even if constructive dismissal does not count as dismissal, this does not mean that DDA proceedings cannot be brought in a constructive dismissal case.
	www.stammeringlaw.org.uk /cases/commr.htm (266 words)

	Work Problems - Bulfins Employment Law Solicitors - Constructive Dismissal (Site not responding. Last check: 2007-10-31)
		To bring an unfair dismissal claim under the unfair dismissal legislation, you usually need to have one complete year's employment with your employer.
		If the Employment Tribunal considers that the employee is wholly or partly to blame for the situation in which he or she resigns, it can make a finding of constructive dismissal but reduce compensation significantly to reflect the employee's contribution.
		The most important thing about bringing a constructive dismissal claim is that your resignation must be a direct and immediate response to something that your employer has done or failed to do, which you consider significant enough to break the contract.
	www.workproblems.com /constructive_dismissal.html (505 words)

	McCarthy Tétrault LLP - Publications - Q&A: Constructive Dismissal (Site not responding. Last check: 2007-10-31)
		If an employer does so, a "constructive dismissal" may be said to have occurred, and the employer may be liable for damages in lieu of reasonable notice.
		To constitute a constructive dismissal, the change must imply an intention on the part of the employer to end the employment relationship by repudiating the existing employment contract.
		For example, requiring an employee to change work stations will not likely be a constructive dismissal.
	www.mccarthy.ca /pubs/publication.asp?pub_code=618 (455 words)

	Sun.Star Cebu - Constructive dismissal
		Petitioner Fernando Go filed a complaint for constructive dismissal and other money claims against respondent Moldex Products Inc. Go contended that he felt compelled to tender his resignation because he started getting shabby treatment from Moldex and that, slowly, he was divested of his duties and responsibilities as a senior sales and marketing manager.
		It is thus incumbent upon him to substantiate his claim that his resignation was not voluntary but in truth was actually constructive dismissal.
		Petitioner’s bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence.
	sunstar.com.ph /static/ceb/2006/04/08/bus/constructive.dismissal.html (238 words)

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