Constructive dismissal: The end result of complaints, grievances and toxicity in the workplace

It has become quite routine for employers to simply dismiss a possible claim of constructive dismissal. This is because it is one of the more peculiar forms of dismissal claims and, statistically, a form of claim that does not easily find success at arbitration. In short, for an employee to succeed they must show that the resignation was because their continued employment had become intolerable at the instance of the employer. While the bar is high, the risk of a successful constructive dismissal claim can be serious for an employer. Also, an employee is not limited to compensation and may seek reinstatement (despite the resignation). So, our law is well advanced in the protection of employees who are subjected to a constructivedismissal.