Appropriate Reaction to Constructive Dismissal

Even where the employer has fundamentally changed the employment relationship, there are two situations in which the employee is taking a very large gamble in alleging constructive dismissal:

1. where the individual has failed to assert a constructive dismissal within a reasonable period of time following the fundamental change to the employment relationship: This may constitute "condonation" in law;
2. where the individual has the opportunity to continue to receive salary and benefits which are equal to or reasonably comparable to those which they were receiving before the fundamental change and where the working conditions are not substantially different or the work demeaning or where the personal relationships involved are not acrimonious. This is because the constructively dismissed employee has a duty to act reasonably in attempting to minimize the loss from the constructive dismissal, which could include staying on, at least until you find another job.

It should be considered very carefully before any action is taken.

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