In this case, why was constructive dismissal not declared by the Supreme Court?
The employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds and that the transfer is not unreasonable, inconvenient or prejudicial to the employee. If the employer cannot overcome this burden of proof, the employee’s transfer shall be tantamount to constructive dismissal.
The employee in this case claimed that the employer dismissed him from employment after he refused to sign a document mentioning offenses he did not commit. Did his assertion of constructive dismissal have merit?
Was the employee’s experience burdensome enough to make her tenure unbearable?
The Supreme Court stressed that in resolving issues of constructive dismissal, one does not only weigh the evidence presented by the parties, but also delve into the totality of circumstances in a case.
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