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Can Claim Constructive Dismissal?

Fri, 17 Jun 2011 11:12:47 AM  (Last updated: Sat, 18 Jun 2011 06:37:33 PM)

Can one claim he has been constructively dismissed when one or more of the following took place?

1. CEO called one incompetent, not up to requirement, and said very fed up with one in front of colleagues including subordinates.

2. CEO called one sarcastic and disruptive in front of colleagues

3. CEO consistently hold meeting during break time, after working hours and requires one to wait 1-2 hours for CEO to turn up at meetings hence finish even later

4. CEO holding up all approval and decision making despite professional recommendation and then, blame one for sitting on it.

5. Office on top of building rooftop domestic cold water tank in the form of partition room with no emergency response plan and evacuation plan training. Even for toilet, one has to walk down the stairs to rooftop lift and then take at least one level down to use the wash room. No ventilation in the office and room condition beyond DOSH guideline of 40-60%RH and 20-26 deg C.

6. Changing one's remuneration package eg. phone allowance stated in offer letter changed to physical phone and sim card upon taking up the job. Done at the company's discretion and some colleagues being asked to sign a revised contract of service for the same matter.

7. There is only one tiny little first aid kit box which is incomplete for the whole 100,000 sqft built-up area with 20 and above occupants scattered over different levels.

8. Changing one's job scope to cover for another subsidiary job scope.

Please advise. Thank you.

KL Siew
Sat, 18 Jun 2011 04:50:27 PM

I think the best way is to look for another job elsewhere. What is the use to resign on grounds of constructive dismissal and then ask to get a reinstatement back a post at a place you don't like? Go and consult the Industrial Relations Department if you are serious about it.

Sat, 18 Jun 2011 06:37:33 PM

We cannot resign like other people normally do because we are on training bond for 2 years. Or else, you think why I insist on claiming as constructive dismissal

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