Tribunal decision – Constructive Dismissal

In September, the Industrial Tribunal decided that an employee was justly terminated, after alleging that he was faced with constructive dismissal.

The case, Leonard Scerri vs Building and Construction Authority, provided insight into the elements that bring about a constructive dismissal .

A constructive dismissal was defined as a situation where the employee is forced and compelled to resign from employment against their will. This refers to situations when an employee resigns due to the employer creating a hostile work environment or intolerable working conditions. This includes unreasonable work demands, harassment, or significant changes to the employment terms without the employee’s consent. The burden of proof in such cases falls on the employee to show that the working conditions were so intolerable that a reasonable person in their position would feel compelled to resign.

The Tribunal evaluated a number of factors which come into play when looking at circumstances leading to constructive dismissals.