In order to reduce their risk, employers should include in each employment contract a provision which reserves the right to temporarily dismiss workers under the ESA and provide that such temporary dismissal does not constitute constructive dismissal. In its conclusion, the Court held that the fact that the dismissal was compatible with the ASE was not relevant to determining whether Mr Bevilacqua had been constructively dismissed. Gracious Living`s intention that the termination be temporary and not constitute a layoff also does not matter. After all, neither Gracious is alive, nor M. . .