Constructive Dismissal

An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation.