LABOR LAW ONLINE QUIZ

April 23, 2021

Shahani was caught in the act of stealing the company property of her employer. When
Shahani admitted to the commission of the said act to her manager, the latter advised her
to just tender her resignation; otherwise, she would face an investigation which would likely
lead to the termination of her employment and the filing of criminal charges in court.

Acting on her manager’s advice, Shahani submitted a letter of resignation. Later on, Shahani
filed a case for constructive dismissal against her employer. While Shahani conceded that
her manager spoke to her in a calm and unforceful manner, she claimed that her resignation
was not completely voluntary because she was told that she should not resign, she could be
terminated from work for just cause and worse criminal charges could be filed against her.

(a) What is the difference between resignation and constructive dismissal?

(b) Will Shahani’s claim for constructive dismissal prosper? Explain.