Constructive Dismissal

A constructive dismissal can happen if an employee resigns in circumstances where they are entitled to treat the contract as brought to an end by a fundamental breach of contract on the part of the employer.

A common example of this kind of dismissal is where the trust and confidence between employer and employee is destroyed.

Abusive or discriminatory behaviour by an employer towards an employee, a serious unilateral variation of contractual terms by the employer, or conduct intended to provoke the employee’s resignation may well cause a constructive dismissal.


Related Topics

Dismissal

Unfair Dismissal

Wrongful Dismissal

Settlement Agreements


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