Can suspension result in a constructive dismissal case?

Posted in : First Tuesday Q&A ROI on 3 July 2017
Julie Austin
McDowell Purcell

Put simply, suspension can in certain cases result in an employee claiming and succeeding in a claim for constructive dismissal. An employee will succeed in a claim for constructive dismissal if he or she can demonstrate that the employer either acted unreasonably (the “reasonableness test”) or breached the employee’s contract (the “contract test”) in suspending him or her so as to justify the employee’s resignation.

The right to suspend an employee should always be reserved in the employee’s contract of employment or employee handbook. If no such right exists, the suspension of an employee

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Back to Q&A's This article is correct at 03/07/2017
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Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email jaustin@mcdowellpurcell.ie

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