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Constructive Dismissal

Could you tell me what constructive dismissal is? Mike in Limerick.

When a person is dismissed they are told they are fired, either in writing or verbally. There's usually no doubt about it.

Constructive dismissal, however, is where the employer creates a state of affairs or an atmosphere within the workplace where it makes it impossible for an employee to stay on.  This might involve forcing them to work long hours, being abusive, being petty minded or singling them out for unfair treatment.   This involves the employee saying “I can’t stand this any more” and walking off the job. 

In these circumstances, if the employee can prove this, unfair treatment, then they may have a case for constructive dismissal.

You will get more  information on this at the National Employment Rights Authority’s website www.employmentrights.ie   It would also be worthwhile having a first consultation with a Solicitor who specialises in employment law, who will give you a quick answer as to whether or not you have a case.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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