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Constructive Dismissal Solicitors Compensation Claims
Helpline
Wrongful dismissal within the context of employment falls into the two main categories of unfair dismissal and constructive dismissal which are quite different concepts. In the case of both unfair dismissal and constructive dismissal an application can be made under the Fair Work Act 2009 (FWA) for an order for reinstatement or for an award of compensation. Applications for unfair dismissal and constructive dismissal under the Fair Act 2009 must be made within 14 days of dismissal, with minimum continuous employment criteria of six months for employers with 15 or more employees and twelve months for employers with less than 15 employees :-
Unfair Dismissal
- In order to succeed in an unfair dismissal claim under FWA it is necessary to show that the dismissal was harsh, unjust or unreasonable and in the case of a business with less than 15 employees that the termination of employment failed to comply with the Small Business Fair Dismissal Code. The code allows instant dismissal in certain serious circumstances but in other cases requires the employer to give the employee written warnings prior to dismissal.
Constructive Dismissal
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 :-
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.
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.
- The concept of constructive dismissal arises when employment is terminated by the employee who thereafter alleges that they were forced to do so as a result of unsatisfactory or unlawful working condition. The employee maintains that they had no other reasonable alternative available to them other than termination of their own employment and that they were effectively forced to do so by the prevailing conditions or circumstances at work.
"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."
Specialist Employment Claim 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.
Helpline
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