David McWhinnie

TGC lawyer David McWhinnie has successfully defended an employer at trial from a claim of constructive dismissal.

The claim arose from a letter to the employee in which the employer raised performance concerns. The employee claimed that she had been constructively dismissed as a consequence.

In dismissing the employee’s claim the trial judge noted that:

There is no doubt that [Jane Doe] subjectively felt wronged by the defendant’s criticisms of her. Mr. McWhinnie, counsel on behalf of the defendant does not dispute this. However, he submits that the subjective belief of the employee in these circumstances is not determinative. Rather, the court must look to whether, on an objective basis, the employer’s treatment of the employee has made continued employment intolerable.

You can read the full decision here:

Constructive dismissal can be challenging. If you are facing a constructive dismissal situation either as an employer or an employee then you should contact us.