Australian Employment Law Solicitors

Constructive Dismissal - Employment Solicitors

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If an employer makes life so difficult for an employee that they have no option but to resign it is known as a constructive dismissal. It is effectively a forced resignation without the real consent of the employee who will need to show that the employer’s behaviour was wrongful in order to succeed in a constructive dismissal compensation claim. The effect of this is that the employee can make application for unfair dismissal and claim reinstatement or damages :-

  • "An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee."

Fair Work Act

Constructive dismissal compensation claims are governed by the Fair Work Act 2009 (FWA). Most employees are protected if their firm has 15 or more employees and they have more than six months continuous service or if their firm has less than 15 employees and they have more than twelve months continuous service. A constructive dismissal compensation claim solicitor must show that the applicant was dismissed (not made redundant) in a manner that was harsh, unjust or unreasonable and that in the case of a business with less than 15 employees, the dismissal was not in accordance with the Small Business Fair Dismissal Code.

Compensation or Reinstatement

The FWA may order reinstatement or make an award of compensation if reinstatement is not appropriate. The FWA must also consider the effect of a potential award on the finances of the firm, the length of service, remuneration, mitigation of loss by the employee and any other relevant matters.

Employment Solicitors

Our constructive dismissal compensation claim solicitors may be able to deal with your claim using the no win no fee scheme. If you would like legal advice from a specialist lawyer just email our offices, call the helpline or complete the contact form.

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