Friday, 5 September 2014

A recent court ruling found that workers who allege that they’ve been “forced” to quit due to unberable conduct of employers should not expect any extra compensation outside what is stated in their contracts.

Employees are expected to prove that they have suffered actual loss, such as emotional duress, in order to obtain damages. This principle became clear in the recent case where the High Court rejected Robinsons Employee Lawrence Wee’s appeal for more damages as he alleged that his employer forced him out. He claimed that his resignation was actually a “constructive dismissal”, which means that his employee deliberately made working conditions difficult for him in order to force him to resign.

Mr Wee was paid four months’ salary and cash for leftover days of leave. He sued on the grounds that he had been forced to resign and would’ve continued working if he could, and wanted compensation for loss of future earnings among other claims.

However, the court stated that Mr Wee failed to show any actual loss such as finding it difficult to get another job due to the dismissal or mental distress.

If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.