Simply put constructive dismissal is the changing of an employee's job or working conditions with the aim of forcing their resignation. It is resignation because of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in fact, a termination. An example of constructive dismissal might be a situation where an employer forces a senior officer to take instructions from his juniors (where the senior officer is clearly more experienced and competent) or any such other related actions in an attempt to frustrate the employee to the point of resignation.

Employers might wish to know that the concept of constructive dismissal, though not often heard of in Nigerian labour and employment issues is no longer alien to this clime. This is especially as the third alteration to the 1999 constitution empowers the National Industrial Court of Nigeria (“NICN”) to apply international best practices in labour in arriving at its decision. Also, noteworthy in this regard is the provision of section 19(d) of the NICN Act (2006) which provides that:

“The court may in all other cases and where appropriate make any order including; an award of compensation or damages in any circumstance contemplated by this Act or any other Act of the National Assembly dealing with any matter that the court has jurisdiction to hear”.

In Miss Ebere Ukoji v. Standard Alliance Life Assurance Co. Ltd [2014] 47 NLLR (Pt. 154) 531 NIC, the court held that to attempt to have the employee resign, rather than outright firing the employee means that the employer is trying to create a constructive discharge.[ii]

Generally, an employee bringing a claim of constructive dismissal must (1) show that his employer created a hostile work environment in a bid to get him to resign; and (2) that the hostile work environment led to his resignation.

Credit: https://www./brief-analysis-constructive-dismissal-busayo-adedeji

When one door closed another one open

Which one be that again

DONT MISS OUT

.

Hmm, still following!

Most employee don't know labour laws enough to enforce their right


And employers can go to any length to ensure you don't get remedies even to the point of bribing your legal team with huge sums of money

In the era of butt licking and fear of the unknown most employee won't consider legal remedies as their view is that the law can be terribly slow even if all pointers indicate their chances are high in winning the case

Employer nd employee saga!

Wu does it even elp Nigeria, wen d wrking condition is nt favourable agen, you resign.

U cn spend d little u had nd lose lyk a goat

lovelove2323:
When one door closed another one open

What is this one saying

Okay

in Nigeria?

joepentwo:
Employer nd employee saga!

Wu does it even elp Nigeria, wen d wrking condition is nt favourable agen, you resign.

U cn spend d little u had nd lose lyk a goat

It is fear of the unknown

ojoboRR:
It's best to quit and become ur own boss

(In Osere's voice) 'you say?'

Thanks for sharing, so educative and informative.

Wetin concern Nigerian Employees with dis one,,,if dem sack u,,dem don sack u b dat.

Being ur own boss is still d best,,dont work for no one.

Remember,,salary is d bribe given to u,to make u forget/work on ur dreams

neewphils:
ADMISSIONS IS ONGOING FOR AUGUST AND IT IS CHEAPER THAN MOST PRIVATE UNIVERSITIES IN NIGERIA

Are there better schools there than Nigeria.

Well written Op. It is important to always have a back up in case of any employment eventuality.

Based on logistics, employees and job seekers should have plans on ground.

Well, for those still still looking for that dream job or simply want to recruit easily, sign up now on www.bejite.com and connect to your favourite employers and other job seekers.