What Can You Do If You Are Unjustly Denied Employment Benefits?

If your employer is giving benefits to your coworkers, such as paid leave or bonuses, and you are not getting those benefits too, that may be unfair. 

It is often the case that only employees who have a certain amount of service (typically, at least one full year) receive paid leave or only employees who have achieved certain performance targets receive bonuses. 

But if there is no fair and valid reason that you are not receiving the same benefits as your coworkers, that may be grounds for constructive dismissal- which means that you may be entitled to resign and seek compensation. 

If the decision to not give you the benefits is arbitrary, or even worse, if it is intentionally to spite or penalize you, this may be considered a breach of your employment contract (even if you do not have a written contract). 

Here’s what you can do if you are in this situation: 

Raise the issue. Write to your employer and state that you have not received paid leave or bonuses, even though your other colleagues have received these benefits, and that there is no legitimate reason- connected to conduct, performance or length of tenure- for you being denied such benefits.

Request a fix. Request that you get the same paid leave or bonuses that your colleagues receive.

State the consequence. Indicate that if you do not receive the same benefits as your colleagues, without there being any valid reason for you being denied these benefits, then you may have no choice but to resign on the basis of constructive dismissal. 

You should always seek advice before resigning your job.

All benefits in a company should be given out fairly. You should not be unjustly denied any benefits, and if you are, you may be entitled to resign and seek compensation.