Wednesday, July 21, 2010
It is a principle of law that a forced resignation is a dismissal.
An employer does not like a workman.He does not want to dismiss him and face the consequences.He wants to ease the workman out of his organization.He wants to make the process as painless as possible for himself.He usually employs the subtlest of means.He may, under the guise of exercising the management power of transfer, demote the workmen.....
In our view it is clearly established that there is implied in a contract of employment a term that the employers will not,without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between employer and employee. Caurtlands Northeren Textiles v Andrew  IRLR 84. To constitute a breach of this implied term it is not necessary to show that the employer intended any repudiation of the contract;the tribunal's function is to look at the employers conduct as a whole and determine whether it is such that its effect, judged reasonably and sensibly,is such that the employee cannot be expected to put up with it;British Aircraft Corporation v Austin  IRLR 347. The conduct of the parties has to be looked at as a whole and its cumulative impact assessed. Post office v Roberts.