Common Mistakes People Make
You want to avoid the errors that quietly weaken a constructive dismissal case before it even starts.
Some mistakes in a constructive dismissal case are quiet, and you only notice them once it is harder to fix.
A few specific errors come up again and again, and each one is avoidable with a little awareness beforehand.
Waiting too long before resigning
The Bayer conditions ask whether you resigned because of the breach, and whether you acted within a reasonable time rather than accepting it1. Staying on for months without objecting can later be read as tolerating the situation.
This does not mean you must resign immediately, only that an unexplained long delay works against you. If you need time, use it to document, not simply to wait.
Resigning before documenting anything
Leaving in the heat of the moment, without writing down what happened, makes it harder to reconstruct your case later. Memories fade, messages get deleted, and small details that mattered at the time are easy to lose.
A short pause to gather evidence, even a few days, rarely weakens a genuine case and often strengthens it considerably.
Writing a vague resignation letter
A resignation letter that does not mention your reasons makes it harder to connect your departure to the breach afterward. Employers sometimes point to a polite, generic letter as evidence that nothing serious happened.
Stating your specific reasons clearly, even briefly, protects you from that argument later.
Treating the deadline as flexible
The sixty day window from your resignation is fixed, not a rough guideline2. Assuming there is room to negotiate it is one of the most costly mistakes people make in this situation.
Treating every unpleasant moment as a breach
Not every disagreement, criticism, or awkward meeting meets the standard the contract test sets. Treating minor friction as a serious breach can make a case look weaker than a genuinely strong one presented more carefully.
Focus your account on the specific events that actually changed your role, pay, or working conditions, rather than everything that felt unpleasant along the way. A lawyer can help you separate the two.
What should you do this week?
Check where you stand with the deadline calculator, and read how to prepare your case before you take any further step. A lawyer can review what you have done so far and flag anything worth fixing before you file a Section 20 representation.
A lawyer can review what you have done so far and flag anything that might need addressing before you go further.
Common questions
Is waiting too long before resigning a real risk?
Yes, staying on for months after a breach without objecting can suggest you accepted it. Acting within a reasonable time after the event matters for how your case is read later.
Can resigning too quickly also be a mistake?
It can, if you leave before documenting what happened or before the breach is clearly serious enough. A short pause to gather evidence rarely weakens a genuine case.
Is it a mistake to resign without giving a reason?
A resignation letter with no stated reason makes it harder to connect your departure to the breach later. Stating your reasons clearly at the time strengthens that connection considerably.
What is the most common mistake people make with the deadline?
Assuming the sixty day window is flexible or negotiable. It is fixed from your resignation date, and missing it generally closes the Section 20 route entirely.
Sources
- Bayer (M) Sdn Bhd v Anwar Abd Rahim sets out four conditions for constructive dismissal: a breach of an essential term, that the breach was serious enough, that the employee resigned because of it, and that the employee did not delay before leaving. Thomas Philip
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can review what you have done so far and flag anything that might need addressing before you go further.