CONSTRUCTIVE DISMISSAL

Where instead of dismissing a worker, an employer adopts a course of conduct calculated to constrain the worker to submit his resignation, this will amount to constructive dismissal on the part of the employer. In such a case, the court will go behind the smoke screen to ascertain the real cause of the termination. Cases of constructive dismissal often arise from unilateral modification of contracts of employment by the employer.

However, not every unilateral modification will lead to wrongful dismissal. Modifications orchestrated in the best interest of the establishment by the employer will not amount to wrongful dismissal if the employee manifest an unreasonable refusal to the modification.

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