CONSTRUCTIVE DISMISSAL

Under the law, Constructive Dismissal means a termination of employment brought about by making the Employee to work in conditions so unbecoming that the Employee has no other option but to quit.

HOW IS THIS DIFFERENT FROM OTHER TYPES OF JOB TERMINATION?

Constructive dismissal is different from the other types because in this case, it is the Employee who quits the job unlike other types where the Employer terminates the Employment. In this case, as we discussed above, the Employee leaves the job because the Employer has made the working conditions so unfavourable.

GIVE US AN EXAMPLE:

Maimuna works as an engineer at Rock Cola but over time, his Employers put him on “katebe” and refused to give him basics like protective wear at work. They kept him just “there-there” and did not even give him a termination letter. As a result, Maimuna had no other option but to quit
the job. In such a case, the Employers could be liable for Constructive Dismissal.

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