Constructive dismissal
Resignations caused by the employer's conduct, and when the Tribunal treats them as unfair dismissal.
- Case note. Court of Appeal (Inferior Jurisdiction).No need to write "under protest", but alternative work must be pursued: Azzopardi v Malta Public Transport Services
- Case note. Court of Appeal (Inferior Jurisdiction).An alternative role after a disciplinary process, and a resignation without reasons: Barbaro-Sant v World Aviation Group
- Case note. Court of Appeal (Inferior Jurisdiction).A refused career break did not justify resigning: Bilocca v HSBC Bank Malta
- Case note. Industrial Tribunal.The three elements of constructive dismissal, and an alternative post during discipline: Bonello v OZO Services
- Case note. Industrial Tribunal.Back to the wall: changed duties for business survival were not constructive dismissal: Camilleri v Bortex Clothing Industry
- Case note. Court of Appeal (Inferior Jurisdiction).Leaving a fixed-term contract early with good cause, without proving constructive dismissal: Charichelon v Greaves
- Case note. Court of Appeal (Inferior Jurisdiction).Told to resign or be dismissed, and a letter of thanks: Spiteri v Malta Gaming Authority
- Case note. Court of Appeal (Inferior Jurisdiction).A conditional resignation accepted on the spot was constructive dismissal: Manicolo v Broadcasting Authority
- Case note. Court of Appeal (Superior Jurisdiction).No resignation, no constructive dismissal: Veselji v St Andrew's Football Club
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