Can Employee Transfers Be Considered Constructive Dismissal?

Employment Law News

Can Employee Transfers Be Considered Constructive Dismissal?
Employee Transfers,Constructive Dismissal,Management Prerogative

This article addresses a query regarding employee transfers and the possibility of constructive dismissal. The author clarifies that proving constructive dismissal requires substantial evidence of forced resignation due to unreasonable working conditions. It also emphasizes the employer's management prerogative, which includes the right to transfer employees as long as it's not prejudicial, done with a legitimate purpose, and doesn't diminish the employee's rank or salary.

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Dear PAO,My friend was transferred to another branch of our company due to poor performance and issues he had at his previous branch. He had already received several warnings related to misfeasance at work before his transfer, but he did not improve. However, he is not amenable with the transfer. He feels that it amounts to discrimination and is equivalent to constructive dismissal .

'Particularly, under the doctrine of management prerogative, an employer possesses the inherent right to regulate, according to its 'own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees.

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Employee Transfers Constructive Dismissal Management Prerogative Labor Laws Employment Rights

 

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