When Resigning Is Not Really Voluntary: Constructive Dismissal in Simple Terms
When Resigning Is Not Really Voluntary: Constructive Dismissal in Simple Terms East Africa Legal Research A resignation letter often looks final. It may be short, polite, and carefully worded. The employee may thank the employer for the opportunity and give notice in the usual way. On the surface, the employer may then say that the employee left voluntarily and that the matter is closed. Employment law is not always that mechanical. Sometimes the real question is not whether the employee signed a resignation letter, but what was happening around the employee when that letter was written. Constructive dismissal deals with that uncomfortable space between resignation and dismissal. In ordinary terms, it describes a situation where the employee resigns, but the employer's conduct may have made continued work so unreasonable, hostile, or intolerable that leaving was not truly a free choice. The employee writes the letter, but the law may still ask whether the employer,...