If you are in a situation where you are forced to resign due to your employer’s behavior, writing a resignation letter citing constructive dismissal is essential. In this article, we will provide you with examples and tips on how to write a resignation letter citing constructive dismissal.
What is a Resignation Letter Citing Constructive Dismissal?
A resignation letter citing constructive dismissal is a letter that an employee writes to their employer to resign from their job due to their employer’s behavior, which the employee believes makes it impossible to continue working for the employer. The letter outlines the reasons for the resignation and how the employer’s actions or behavior amount to constructive dismissal. Constructive dismissal is a form of unfair dismissal that occurs when an employer’s conduct makes it impossible or difficult for an employee to continue working.
You can find examples of resignation letters citing constructive dismissal online and edit them as needed. However, it is crucial to remember that your letter should be specific to your situation and not a generic template.
Examples of Resignation Letter Citing Constructive Dismissal
Example 1: Hostile Work Environment
Dear [Employer’s Name],
This letter is to inform you of my resignation from [Position] at [Company Name] due to the hostile work environment created by your conduct. Your constant criticism and micromanagement have made it impossible for me to perform my duties efficiently, and I believe that you are deliberately trying to force me to resign.
As per my employment contract, I am required to give [Notice Period] notice. My last day of work will be on [Date].
Thank you for the opportunities provided during my tenure.
Sincerely,
[Your Name]
Example 2: Breach of Contract
Dear [Employer’s Name],
I am resigning from my position as [Position] at [Company Name] due to your breach of the employment contract. Your failure to provide a safe working environment and refusal to address my concerns have left me with no other option but to resign. I believe that your conduct constitutes constructive dismissal.
I am providing [Notice Period] notice as per my employment contract. My last day of work will be on [Date].
Thank you for the opportunities provided during my tenure.
Regards,
[Your Name]
Example 3: Discrimination
Dear [Employer’s Name],
This letter is to inform you of my resignation from [Position] at [Company Name] due to discrimination based on my [Protected Characteristic]. Your repeated discriminatory behavior and failure to address my complaints have made it impossible for me to continue working for your company.
I am providing [Notice Period] notice as per my employment contract. My last day of work will be on [Date].
Thank you for the opportunities provided during my tenure.
Best regards,
[Your Name]
Example 4: Unreasonable Changes to Work
Dear [Employer’s Name],
I am writing to inform you of my resignation from [Position] at [Company Name] due to the unreasonable changes made to my work that have made it impossible for me to continue working for your company. The changes to my work that you have implemented, including [Specific Changes], are not only unreasonable but also detrimental to my professional development.
I am providing [Notice Period] notice as per my employment contract. My last day of work will be on [Date].
Thank you for the opportunities provided during my tenure.
Yours sincerely,
[Your Name]
Example 5: Harassment
Dear [Employer’s Name],
It is with regret that I submit my resignation from [Position] at [Company Name]. I have been subjected to harassment by [Name of Harasser] in the workplace, and despite my repeated complaints, no action has been taken to address the issue. The harassment has created a hostile work environment, and I have no option but to resign.
I am providing [Notice Period] notice as per my employment contract. My last day of work will be on [Date].
Thank you for the opportunities provided during my tenure.
Respectfully,
[Your Name]
Example 6: Retaliation
Dear [Employer’s Name],
This letter serves as my resignation from [Position] at [Company Name] due to the retaliation I have experienced for reporting [Specific Issue] to the appropriate authorities. Your conduct, including [Specific Examples], has made it impossible for me to continue working for your company.
I am providing [Notice Period] notice as per my employment contract. My last day of work will be on [Date].
Thank you for the opportunities provided during my tenure.
Best wishes,
[Your Name]
Tips for Writing a Resignation Letter Citing Constructive Dismissal
If you are considering writing a resignation letter citing constructive dismissal, here are some tips to help you:
Be Specific
Your letter should be specific to your situation and the events that led to your resignation. Provide details of the incidents that you believe constitute constructive dismissal.
Be Professional
Your letter should be professional and respectful. Avoid making personal attacks or using inappropriate language. Remember that this is a legal document and may be used as evidence in any future proceedings.
Be Concise
Your letter should be concise and to the point. Avoid elaborating on irrelevant details or personal opinions.
Be Prepared to Discuss
Be prepared to discuss your resignation and the reasons for it with your employer. They may request a meeting to discuss the matter further.
Seek Legal Advice
If you believe that you have been constructively dismissed, seek legal advice from a qualified employment lawyer. They can advise you on your rights and options.
Frequently Asked Questions
Q: What is constructive dismissal?
A: Constructive dismissal is a form of unfair dismissal that occurs when an employer’s conduct makes it impossible or difficult for an employee to continue working.
Q: What should I include in my resignation letter citing constructive dismissal?
A: Your resignation letter should include the specific incidents that led to your resignation and how they constitute constructive dismissal. It should also include your notice period and last day of work.
Q: Can I claim for unfair dismissal if I resign citing constructive dismissal?
A: Yes, you can make a claim for unfair dismissal if you resign citing constructive dismissal. However, you must do so within three months of your employment ending.
Q: Can I still receive my entitlements if I resign citing constructive dismissal?
A: Yes, you are still entitled to your entitlements such as pay, annual leave, and superannuation if you resign citing constructive dismissal.
Q: How long should my notice period be?
A: Your notice period should be as per your employment contract. If there is no notice period specified in your contract, it is best to give at least two weeks’ notice.
Q: Can I resign without giving notice if I am citing constructive dismissal?
A: Yes, you can resign without giving notice if you are citing constructive dismissal. However, it is best to discuss your situation with your employer and provide notice if possible.
Conclusion
Resigning from a job due to constructive dismissal is a difficult decision. However, if you decide to resign, it is essential to write a resignation letter citing constructive dismissal. Your letter should clearly outline the reasons for your resignation and how they constitute constructive dismissal. Seek legal advice if necessary and remember to remain professional throughout the process.