We provide advice in relation to avoiding claims of constructive dismissal, or defending them if the employee has already resigned.
A constructive dismissal takes place when an employee terminates their contract of employment following an employer's fundamental breach of contract.
In order to be successful in a constructive dismissal claim, an employee must show the existence of the following elements:
- That there was a fundamental breach of employment contract on the part of the employer; and
- It was the employer's breach that caused the resignation and that the employee did not wait too long before resigning.