The test for constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances. (Cornworld Breeding Systems Corp. v. Court of Appeals, G.R. No. 204075, [August 17, 2022])
Acts of disdain and hostile behavior such as demotion, uttering insulting words, asking for resignation, and apathetic conduct towards an employee constitute constructive illegal dismissal. (Bayview Management Consultants, Inc. v. Pedrita Heloisa Pre, G.R. No. 220170, August 19, 2020)
The fact that an employee was deprived of office space, was not given further work assignment and was not paid her salaries until she was left with no choice but stop reporting for work all combine to make out a clear case of constructive dismissal. (Tan Brothers vs. Escudero, G.R. No. 188711, July 8, 2013)
Constructive dismissal is an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; or when there is a demotion in rank and/or a diminution in pay.
An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance.
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An involuntary resignation is referred to as constructive dismissal.
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