[go: up one dir, main page]
Scribd
Upload
20 views1 page

Constructive Dismissal - New 2018

The document discusses constructive dismissal which is when continued employment becomes impossible due to discrimination or diminution in pay making it unbearable for an employee to continue working. It can occur through unwarranted employer actions and is analyzed by determining if the employer acted fairly versus exercising management rights. The courts have ruled constructive dismissal occurred when an employee's salary was unlawfully withheld and when an employer told an employee to resign or be replaced.

Uploaded by

the dong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
20 views1 page

Constructive Dismissal - New 2018

The document discusses constructive dismissal which is when continued employment becomes impossible due to discrimination or diminution in pay making it unbearable for an employee to continue working. It can occur through unwarranted employer actions and is analyzed by determining if the employer acted fairly versus exercising management rights. The courts have ruled constructive dismissal occurred when an employee's salary was unlawfully withheld and when an employer told an employee to resign or be replaced.

Uploaded by

the dong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
You are on page 1/ 1

As explained by the High Court in a recent case:

Constructive dismissal is an involuntary resignation resorted to when continued


employment is rendered impossible, unreasonable or unlikely; or when there is a
demotion in rank and/or a diminution in pay. It exists when there is a clear act of
discrimination, insensibility or disdain by an employer, which makes it unbearable
for the employee to continue his/her employment. In cases of constructive
dismissal, the impossibility, unreasonableness, or unlikelihood of continued
employment leaves an employee with no other viable recourse but to terminate his or
her employment.

By definition, constructive dismissal can happen in any number of ways. At


its core, however, is the gratuitous, unjustified, or unwarranted nature of the
employer's action. As it is a question of whether an employer acted fairly, it is
inexorable that any allegation of constructive dismissal be contrasted with the
validity of exercising management prerogative.

In SHS Perforated Materials, Inc., et al. v. Diaz, the Court ruled that there
is constructive dismissal if an act of clear discrimination, insensibility, or
disdain by an employer becomes so unbearable on the part of the employee that it
would foreclose any choice by him except to forego his continued employment. In
said case, the employee was forced to resign and submit his resignation letter
because his salary was unlawfully withheld by the employer.

In Tuason v. Bank of Commerce, et al., it was explained that the law resolves
constructive dismissal in favor of employees in order to protect their rights and
interests from the coercive acts of the employer. In that case, the employer
communicated to the employee therein to resign to save her from embarrassment, and
when the latter did not comply, the employer hired another person to replace the
employee. The Court ruled that it was a clear case of constructive dismissal.
(Citations omitted, JONALD O. TORREDA VS. INVESTMENT AND CAPITAL CORPORATION, G.R.
No. 229881, September 05, 2018)

You might also like