Workers’ Rights: Are You Experiencing Constructive Dismissal?May 17, 2021
Finding employment with a pandemic looming over our shoulders is challenging, especially since businesses are struggling to navigate the ever-evolving economy. For this reason, getting a secure job can seem like a blessing amidst these dark times. Although having a paying job is a privilege, that doesn’t mean workers should be afraid to stand up against questionable employment practices.
The Implications of Constructive Dismissal
Forced resignation or constructive dismissal is the act of an employer pushing their employee to leave the company. This can be due to different reasons, from something as black and white as underpayment of wages or as deep as workplace discrimination. Instead of attempting to alleviate these concerns, an employer will request their staff to resign. Instead of leaving a bad mark on their resume, many workers submit to these demands. It’s a defeatist approach of trying to forget their past and looking forward to the future.
Although you should be respectful of your employers, that doesn’t mean that all their decisions contribute to your well-being. Constructive dismissals are an unfair form of dismissal, meaning you can still apply for relief for your lodging and other benefits. You may also face constructive dismissal if your employer’s actions or conduct puts you in an uncomfortable position. Unfortunately, these cases are much more difficult to prove without sufficient evidence. Nevertheless, there are proper recourses you can take to uphold your rights.
The Proper Recourse When Facing Constructive Dismissal
If you still haven’t taken their offer, you could attempt to resolve the workplace issue if possible. Since you’re still technically an employee, you can go through the company’s internal grievance or complaint procedures. You’ll usually undergo this process by working with your department’s HR.
If working within internal means is impossible, you may file a complaint to your industry’s appropriate authorities or higher-ups. If you’re already out of work, you can still contest the legality and validity of the termination through other means. Additionally, if the reported course of dismissal is due to suffering a physical or psychological injury in the workplace, you could add a workers’ compensation claim to your case.
The Value of Knowing Your Rights and Deadlines
If you’ve been forced to resign, you must lodge an unfair dismissal application through the Fair Work Commission. They can then give you more options on what you can do to receive compensation or justice through legal means. Keep in mind that these applications have a deadline of 21 days once the actual dismissal takes effect.
Depending on the circumstances of your dismissal and employment, you may have to opt for other legal avenues to address your needs. It’s best to work with a capable legal expert to answer questions you may have and give you a complete view of your actionable options.
Office politics can be challenging to navigate, especially if you’re new to the job. Many things in the workplace occur daily that are above your paygrade to know, which is why some business decisions can seem odd. However, you should know your rights and take measures to defend yourself if you feel threatened by your employer’s actions. With the proper legal assistance, you can protect your rights as an employee while still going through the correct avenues to seek justice.
At Workclaims Australia, our legal experts are equipped to help you address all forms of employment issues. Although filing a case on your employer will be an uphill battle, our team will be with you every step of the way. If you think your rights as a worker are being exploited or threatened, contact our employment dispute lawyers at Perth today.