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Constructive dismissal is neither a dismissal nor a resignation.It does however involve the termination of the relationship between an employer and employee and the consequences are invariably negative.This study examines the perplexing and yet important issue of constructive dismissal and explores the issues involving constructive dismissal in Malaysia by providing an in-depth study of perspectives in various levels ranging from employers, employees, legal sector, unions and individuals.A detailed study on all relevant cases has also been made to determine how the principles of law function in bringing a contract of employment to an end by reason of the employer's conduct-should it be the contract test or the test of unreasonableness or other type of tests?What type of employer's conduct will justify justify constructive dismissal-should it be the employer's conduct in breach of the terms of employment contract or unreasonable behavior on his part that leads the employee to walk out of his employment?The study in addition explores the awareness level of employees and as well as employers in this growing nature of dismissal.
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The relationship between the employer and employee is a fragile one. It is a unique relationship, for it is based on contract, its implications are beyond contractual.It is significant that it needs the law to protect it and indeed nurture it.A relationship as fragile as this could be threatened in many ways, one of it being construction dismissal.
