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.

We provide advice in relation to constructive dismissal to include an employee's likelihood of success and any likely award of compensation in the event that the employee is successful.

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