Constructive dismissal is the ultimate workplace bullying. It's when your employer makes working for him/her intolerable, to the point where you have no other option but to resign. Constructive dismissal can be hard to prove, because the responsibility to prove constructive dismissal is on the employee.
The employee must be able to prove that:
- The employment circumstances were so intolerable that the employee could truly not continue to stay on
- The unbearable circumstances were the reason the employee resigned
- There was no reasonable alternative at the time but for the employee to resign to escape the circumstances
- The unbearable situation must have been caused by the employer
- The employer must have been in control of the unbearable circumstances