Posted on: Apr 26, 2012

Constructive dismissal occurs in the following situations:

• when an employer gives the employee a choice between resigning or being dismissed
• when an employer follows a course of conduct with the deliberate and dominant purpose of coercing an employee to resign
• when a breach of duty by the employer led the employee to resign

With constructive dismissal cases the bar is set pretty high and the onus is on the employee to prove they were constructively dismissed.

 

Disclaimer

This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.