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Do i have a good case for constructive dismissal?

Category: Law & Legal

The OneThe One


I was employed by my employer in 2008 a number of promises were made to me that were not fulfilled. During my initial 12 months i was transferred to a new team without any discussion. This new role was fundamentally different from my original role and is one i porbably would not have applied for even though it was within the same finance division.

Eventually my new role expired and i reapplied internally and was succesful, this new role was at the same level and within the same company and within the same finance area. However even though others at the same level within the same company were offered study support i was refused upon application.

However i continued on and within three months i was transferred again without consultation to a role i wouldn't have picked and under a manager i had had issues with earlier. I've now been told that my role has been vacated as part of a new OD and i need to reapply for three other roles.

I dont want to stay in the company but when i try to discuss with management the reaction is hostile.

What are my rights.

I have had a lot of time off recently due to a condition which is aggravated by stress under doctors orders.

Can anyone advise?

Knowitall
Knowitall

Check your personnel policies / employee handbook to see whether you have rights. If you're a union member, check with your shop steward. In most jurisdictions, an employee is not entitled to a particular position, or not to be transferred - courts figure you can quit if you don't like the job they've put you in, regardless of whether you've been consulted beforehand.

There's a possibility that you have a right to reasonable accommodation of a disability. Thus, if you need time off for doctors' appointments, or a changed schedule, the company may need to let you have those accommodations. But you should ask for whatever you need; the employer can't read your mind.


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