Constructive Dismissal Law and Legal Definition

Constructive dismissal is the situation in which an employee resigns from a job due to the atrocious behavior of the employer that makes life in the work place difficult to carry on. The treatment meted out to the employee is that of a fired or dismissed person and is in such a manner that s/he is forced to leave the job. It is a situation in which due to the calculated move of an employer the trust and confidence between an employer and employee is lost.

Constructive dismissal ends the employee's obligations.

In a constructive dismissal dispute the employee has to prove that the behavior of the employer was unlawful. The fact that the employer's actions amounted to a fundamental breach of contract and led to the resignation of the employee is to be proved by the employee.