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Constructive Dismissal Process?

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  • 06-01-2011 9:55am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Could anyone explain how the Constructive Dismissal Process works?

    If you leave employment on Constructive Dismissal grounds do you still serve your notice period or do you have to leave immediately?


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    #2
    Eoin
    Registered Users Posts: 21,242 ✭✭✭✭Eoin


    From this page:
    Constructive dismissal arises where you terminate your contract of employment, with or without prior notice, due to the conduct of your employer. Your employer's conduct however must have been such that it would have been reasonable for you to terminate your contract without giving notice.

    So it's not really a process as such, it just means that the employer forced you to resign because of unreasonable behaviour.

    If you are asked to leave immediately upon resigning, then you must be paid for the duration of your notice period.


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    #3
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    If you're going to take a case I would advise to have strong documentation...
    Make sure you have utilised any internal dispute resolution process and have documentation of same...

    In most (but not all) cases it's not just a matter of turning up and saying "they treated me so badly and I had to leave".


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    #4
    borderlinemeath
    Registered Users Posts: 5,339 ✭✭✭borderlinemeath


    The main difference between costructive dismissal and being dismissed by your employer is that if you take a case to the EAT -

    For Constructive Dismissal - the onus is on the employee to prove that the employer behaved in such a way that it was impossible to stay in their employment.

    For Unfair Dismissal - the onus is on the employer to prove that they were correct in dismissing you, that they had fair grounds and went about it in a fair and proper manner.

    So for Constructive Dismissal it really is up to the employee to put the case forward and have all their proof which can be difficult enough to gather if you have already left.

    Sorry if this is slightly off topic but it is just to show what is ahead of you if you are going the route of CD.


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