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Question
Posted by: Bluesgirl | 2010/09/02

Is this constructive dismissal?

My husband is a lecturer for a training company. He has always had excellent reviews and the standard of his lecturing has never been a problem.

Recently, he took on a course that he was not quite qualified to teach. The company was aware that he was not qualified or experienced in the material, but because of staff shortage allocated the course to him. The evaluations after the course was poor (as he was in over his head).

Yesterday they called him in and told him that due to poor evaluations in this course he should " either prove his worth to the company"  or " resign." 

He has never received a warning (verbal or written) and now (as a knee jerk reaction) is being " asked"  to resign.

The other thing they also faulted him on is that he leaves at 5pm every day. Firstly, they pay him a pittance, secondly, he is a father who wants to spend time with his child and lastly, he works a full 8 hour day (sometimes even at night till 1am) and what is wrong with that?

Obviously, he has no other choice but to resign!

Surely this is not fair labour practice?

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Our expert says:
Expert ImageLabour lawyer

RE; Is this Constructive Dismissal

It is suggested that your husband does not resign but merely says to them that he will not resign and if they wish to take any action they must do so. To prove a constructive dismissal means that the onus is shifted on to you and you need to prove that you had no alternate than to resign. In this particular case there are alternatives and that is for the company to take the action rather than your husband.

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Our users say:
Posted by: Labour Lawyer | 2010/09/06

RE; Is this Constructive Dismissal

It is suggested that your husband does not resign but merely says to them that he will not resign and if they wish to take any action they must do so. To prove a constructive dismissal means that the onus is shifted on to you and you need to prove that you had no alternate than to resign. In this particular case there are alternatives and that is for the company to take the action rather than your husband.

Reply to Labour Lawyer

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