# Constructive Dismissal & Job Seekers Benefit



## ozzym (4 Sep 2009)

Just wondering if anyone knows what the situation is regarding claiming job seekers benefit when you have been constructively dimissed? I know you are not entitled to job seekers if you leave your job voluntarily but obviously the nature of constructive dismissal is that you were forced to leave. 

How would you approach the social welfare about getting job seekers under these circumstances and what would they need to prove you were forced to leave? 

And do they make payments under job seekers while you seek new employment if they are satisfied that you were forced to leave your last employment under conditions that constitute constructive dismissal?


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## Ann1 (4 Sep 2009)

It will depend on quite a number of things. You can find information on constructive dismissal here. www.citizensinformation.ie/. In the past a written statement of events was submitted with the application for Jobseekers Benefit and the claim was passed if everything checked out. I would go ahead and make JB claim as soon as possible as the claim will only be paid from the day you lodge it. Also things have changed within Social Welfare in the past few months due to lack of staff and funds so you need to speak directly with them regarding the best approach. Legislation is now in place to protect employee and employers rights so I am sure there is a procedure you must follow. e.g. you may need to supply a copy of your written resignation stating your reasons for leaving. You have up to 6 months to seek compensation from your ex employer under constructive dismissal if you decide to go down that road. Hope everything works out for you.
PS I don't think you can be constructively dismissed......you take constructive dismissal.


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## Welfarite (8 Sep 2009)

Ann1's advice is good. Make a claim immediatley. You can state in a letter to SW your POV about the reasons you left job. It is not automatic that you are disqualified from JB/JA if you leave a job voluntarily. SW may ask the ex-employer for their POV about things. Sometimes, employer's decline to reply and Sw will always fall on side of ex-employee in those cases. 

Also, as Ann1 states, in the current job climate and taking into account pressures of work in SW, they may not even bother following up on it and just pay you without questioning leaving reasons.


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## ozzym (10 Sep 2009)

Thanks very much for the advice


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## Mrs Dara (10 Sep 2009)

Ozzym, my husband is in a similar situation at the moment aswell and I haven't been able to get any clear advice from SW or our Community Welfare Officer.  He has a number of years service, the company are in trouble and the employer will not admit this.  He has paid the staff cheques that have bounced last week and is going to do the same tomorrow.  Husband doesn't want to walk out as he will lose his redundancy claim (which the employer is refusing to pay) and he will lose his JSB / JSA, not sure which.  

I am trying to find the correct avenues where he can take constructive dismissal.  Employer has lost the plot completely and thinks it is not his fault, his bank bounced the cheque.  As far as he is concerned he paid the staff, as in gave them a cheque.  

Hope it works out for you.


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