Build your constructive dismissal timeline
Turn scattered events into an ordered story a lawyer can use.
Why does order matter?
Constructive dismissal is judged by the contract test: whether your employer broke a fundamental term of your contract, and whether you left because of it.1
A court also checks that the breach was serious, that you resigned in response to it, and that you did not wait too long before resigning.2 A clear timeline shows all four points at once.
How do you build the timeline?
Follow these five steps in order and you will end with one dated document.
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List every relevant event with a date, even an approximate one, starting from when things first changed for the worse.
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Mark which single event was the biggest change to your role, pay or conditions. That is your likely breach event.
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Note the date you resigned, and count how many weeks or months passed between the breach and your resignation.
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Write one line for each event describing what happened and who was present, while your memory is still fresh.
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Gather any document tied to each event, such as an email, a payslip or a message, so every line on your timeline has something behind it.
What should you do with your result?
Keep the finished timeline as a single document, ordered by date, with the breach event and your resignation clearly marked.
If a long gap separates the breach from your resignation, be ready to explain why. Delay is one of the four points a lawyer will ask about.
Read what constructive dismissal means alongside your timeline. Check the deadline calculator too, since the 60-day window still applies from your resignation date.
How can a lawyer help from here?
A lawyer reads your timeline against the four conditions and tells you where it is strong and where it needs more detail before a representation is lodged.
They can also help you word the resignation letter or follow-up correspondence so it lines up with your timeline. If you want that help, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the timeline and your resignation date, and an independent lawyer can reply about whether and how they can act.
Common questions
Do I need exact dates for every event?
Get as close as you can. An approximate month is better than leaving a gap. Check your emails, payslips and messages first, because exact dates strengthen how the sequence reads to a lawyer and later to the court.
What counts as the breach event?
It is usually the single clearest act, a salary cut, a demotion, a forced transfer, that changed your role or terms without your agreement. Smaller frustrations still matter, but the timeline should make that one event easy to find.
Sources
- The leading authority Wong Chee Hong v Cathay Organisation (M) Sdn Bhd established that constructive dismissal is decided by the contract test: the worker may treat the contract as ended if the employer commits a breach going to the root of the contract. Thomas Philip Advocates & Solicitors
- To succeed in a constructive dismissal claim a worker must show a fundamental breach by the employer, that the breach was serious, that they resigned in response to it, and that they did not delay too long before resigning, as summarised in Anwar Abdul Rahim v Bayer (M) Sdn Bhd. Thomas Philip Advocates & Solicitors
Keep reading
Once your timeline is in order, an independent lawyer can review it against the conditions and, if it supports a claim, act on it for you.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.