In this time of economic recession, a lot of employers are actually faced with the necessity to restructure their workforce. On the other hand, imposing unilateral changes on the workers will increase the risk of having constructive dismissal claims. Cowed by the warnings of the
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, a lot of employers will shy away the changes in the structure required for the survival of the business. In my own point of view is that the business changes can efficiently manage to restrict the risk of having legal liability.
When the employer will unilaterally imposed substantive changes to the contract of the employment, the worker will at times, has the right to treat those alterations as a form of termination. Such constructive dismissal is each and every bit as genuine as if the worker were actually informed of the said termination as well as give risk to similar right to claim the damages in lieu of notice. Not each and every imposed change, on the other hand, will amount to the constructive dismissal. The changes must be one which is significant and which goes to the heart of the relationship of employment such as unpaid layoff, substantial decrease in wages, demotion as well as transfer.
These are accurately the classification of alterations which the employers will necessitate to impose especially in times like this. And with decreasing revenues, a couple of workers to do the needed range of tasks as well as the closing of branch offices the rest of the workers will see themselves in a completely different situation. And if the changes imposed amount, at law, to a constructive dismissal then the worker will be titled to just walk away from the work and claim damages. On the other hand, in practice, a lot of factors will decrease the chances of this event. For further details regarding employment law, check out
First and foremost, the onus is on the worker to adopt the stance that his or her employment was constructively terminated. And this is a very high stake decision which can be so hard to make since there is no list of certain criteria by which the constructive dismissal may be measured or known. The only means for the worker to find this out if a constructive dismissal has taken place is to just resign from the employment and start an action for the damages. In addition, a
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