Constructive Dismissal Affect Pension Entitlements
It can be hard to navigate the labyrinth of employment law. But it’s essential to do so, especially for those who are not well-versed in the finer points of their legal rights. One of the most important concepts to understand is constructive dismissal, a concept that essentially means that a worker can terminate their employment contract without any legal penalties if they feel their employer’s behaviour has made their work environment intolerable.
In order to be considered a constructive dismissal, the working conditions must be so intolerable that a reasonable person in the complainant’s position would have resigned as a result of them. This could include an employer who demotes a person, changes their hours of work or imposes a different remuneration package. It could also include an employer who creates an intolerable work culture or a workplace that is hostile to the employee.
To be considered a constructive dismissal, the reason for the resignation has to have been a fundamental breach of the implied term of trust and confidence that is found in every employment contract. This breach can be a single act, omission or incident or it can involve a series of minor breaches that have added up to the point where the last one was a tipping point (i.e. ‘the last straw’).
How Does Constructive Dismissal Affect Pension Entitlements?
If a complaint of constructive dismissal is made, it must be submitted to the employer in writing within 2 months of termination. The employee can then commence a tribunal action against their former employer to claim unfair dismissal compensation.
However, it should be noted that the claimant is only able to receive their statutory notice pay and redundancy pay if they can prove that they were constructively dismissed from their job. It is therefore very important to get sound legal advice before making a claim for constructive dismissal.
The best way to avoid being the victim of a constructive dismissal lawyer is by taking steps to safeguard your employment rights. This can include seeking legal advice, ensuring your employment contracts are up to date and keeping abreast of statutory rights as they change. It’s also worth considering joining a trade union to be sure that you are receiving the support you need in case of a dispute with your employer. It is also wise to seek out a lawyer who specialises in employment law, as they can help you with your case.
If you are not sure where to turn, the Workplace Relations Commission’s Information and Customer Services can help you find a qualified solicitor to assist with your claim. They can also provide information and guidance about statutory rights and the Unfair Dismissals Acts 1977-2015. You can contact them through their telephone information service on Melbourne Metro (03) 9662 1933 or regional Victoria, Queensland and Tasmania (03) 1800 331 617. They can also put you in contact with an adviser who will assess your case for free. They may be able to assist you with your claim for constructive dismissal compensation.
