Dear PAO,
Is it a defense in constructive dismissal cases that the alleged root cause of the hostile environment in the workplace is attributable to a co-employee and not to the employer? Can it just be said that the hostile workplace is created by another employee that would thus render the employer free from liability from constructive dismissal cases arising from an employee who was allegedly forced to resign?
|Loisa
Dear Loisa,
The answer to your question depends upon the extent of participation and the action taken by the employer. In a line of cases, the Supreme Court held that constructive dismissal occurs when an employer makes an employee's continued employment impossible, unreasonable or unlikely, or has made an employee's working conditions or environment harsh, hostile and unfavorable, such that the employee feels obliged to resign from his or her employment.
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