11/09/2026
KYR Know Your Rights - Constructive Dismissal
Constructive dismissal in Trinidad and Tobago happens when an employer's conduct is so severe or breaches the employment contract so fundamentally that the employee is forced to resign.
What Qualifies as Constructive Dismissal
The law treats the forced resignation as a dismissal. Common triggers include:
Unilateral and unapproved cuts to salary or benefits.
Demotions or major reductions in job responsibilities without cause.
Creating or allowing a toxic, hostile, or unsafe work environment (such as unaddressed harassment or safety protocol violations).
Forcing drastic and unreasonable changes to working conditions or locations.
Critical Rules for Claiming
Resign promptly: You cannot wait too long after the event. Continuing to work for an extended period can be viewed by the court as accepting the change or breach.
Strict timelines:
You must report the matter as a trade dispute to the Ministry of Labour within six months of the date of your resignation.
The Industrial Court: These matters are generally handled through conciliation via the ministry and, if unresolved, referred to the Industrial Court of Trinidad and Tobago as an unfair dismissal claim. (https://martingeorge.net/v2/index.php/2015/05/29/rightsofemployeesintt/)
If you think this may apply to you, don't just take it. You have options.
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