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Post Info TOPIC: Constructive Dismissal
Anonymous

Date:
Constructive Dismissal
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HI,


A management staff member has had continuous issues with the CEO, to the point where he feels he can no longer maintain a professional relationship. He approached his superior who advised that best thing would be to part ways amicably.

The company then offered him a 3 month package as a "seperation agreement", he felt this to be unfair especially as the way it was structured was to be from 01/02/16, plus 1 month salary plus an additional 3 weeks.

The comment made by the snr management and HR was that this was the only offer being made and if the person did not accept then they would go the diciplinary route which he doesn't understand as there was no discussion on that and suddenly it is put on the table.

 

What advise can I give this manager?



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Anonymous

Date:
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It must be noted that constructive dismissal is one of the most difficult cases to proof, once the agreement is singed the employee will have an extremely hard time to proof. It was signed under duress, since alternative remedies prevail, I suggest he/she continue the disp route and see what happens if the person is not satisfied with the agreement, nobody can force the person to resign and/or sign the agreement. Hope this help W. Rautenbach - Rautenbach & Associates

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