Constructive dismissal in essence means that although an employee resigns from their employment. It is viewed as a dismissal from employment if the employee is able to demonstrate that the behaviour of their employer was so intolerable that they had no other option but to resign or that it was reasonable for the employee to resign from their employment.
In constructive dismissal cases where the employer carries out the dismissal, the burden of proof is on them to show that there were substantial grounds justifying the dismissal and/or the dismissal was fair. However, in a claim for constructive dismissal, the burden of proof shifts to the employee to prove that they had no other option but to resign or that it was reasonable for them to resign. This can include for example an employee exhausting all internal grievance procedures before taking the last option to resign. An employer’s conduct must have been such that it would have been reasonable for the employee to terminate his or her contract without giving notice.