White Be Wary of Resigning and Claiming Constructive Dismissal One of the biggest risks an employee can take during his or her career is to resign and claim constructive dismissal. Susan Bolibruck recently took this risk and lost… badly. The decision in her case, Bolibruck v. Niagara Health SystemONSCis a cautionary tale for any employee who is considering quitting his or her employment to claim constructive dismissal.
She joined another hotel in where she was Manager at the time of the dispute. Following another case against the hotel which was heard by the Employment Appeals Tribunal, employment contracts and HR policies and procedures were put in place at the hotel by the claimant. However, the claimant did not put an employment contract in place for herself.
In early May the hotel was sold. The previous owner was not hands-on but the new owner, while he had no previous experience in the hotel business, intended being hands on. The previous owner had said to the new owner that perhaps the role was too big for the claimant given her level of experience.
In mid-May the claimant rang the assistant manager and informed her she was unwell. Three days later the new owner called to her house and asked for her resignation, she claims.
Despite asking the reasons why and following up with 3 letters to her employer, no reasons were given. A meeting was held in June involving the claimant, the financial controller and the new owner where the new owner asked her how the business could be improved and a plan for the future of the business.
The claimant claims that she was asked to leave without her belongings and to return a camera belonging to the hotel and provide sick certificates.
She stated she had submitted a cheque for the television and two drills she had purchased through the hotel and that she had previously faxed in the medical certificates. EAT Finds Constructive Dismissal Did Occur The Tribunal found that the claimant was constructively dismissed, however, the claimant did not give sufficient evidence of her efforts to mitigate her loss.The claimant resigned by letter "with immediate effect" and claimed constructive dismissal.
Her resignation letter was sent by special delivery to her employer's Chief Executive and copied to the Practice Manager and another Director on 28 January. Of Employment Letter Create A Dismissal Letter Online Constructive Dismissal Letter Template Constructive Dismissal Letter Template.
To Write An Appeal Letter Appeal Letter To An Employer Appeal Constructive Dismissal Letter Template Constructive Dismissal Letter Template Resignation Letter Dismissal Constructive Resignation Letter. Researching how to write a letter of resignation and viewing resignation letter examples online will make writing these types of letters a little less stressful.
Take a few minutes to decide what you want to say and how you want to convey this message. EEO 21 a paralegal consulting firm handling federal and private EEO complaints, eeo representation, EEOC hearing, MSPB hearing, OFO appeal.
In conclusion in proving a case of constructive dismissal the resignation letter should normally in clear terms spell out in basic terms why the employee is resigning and what actions caused the resignation.
When an employee is left with no choice but to resign or be fired, the resignation is not voluntary and a letter of resignation is tantamount to a dismissal: Deters v Prince Albert Fraser House Inc.
(), 93 Sask.
R. , 4 W.A.C. at para.