Constructive Dismissal
Constructive dismissal occurs when an employee is forced to resign due to their employer's conduct amounting to a fundamental breach of the employment contract. This can be a single serious breach or a series of breaches that together amount to a fundamental breach.
Common Grounds
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Unilateral changes to terms
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Breach of trust and confidence
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Failure to address grievances
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Bullying or harassment
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Unreasonable work demands
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Pay-related breaches
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Unsafe working conditions
Proving Your Case
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Fundamental breach by employer
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Resignation in response to breach
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No delay in resigning
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Clear evidence of breaches
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Following proper procedures
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Documenting incidents
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Witness statements
Compensation
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Basic award
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Compensatory award
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Loss of earnings
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Future losses
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Loss of benefits
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Notice pay
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Job seeking expenses
Making a Claim
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Gather evidence of breaches
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Document timeline of events
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Keep all correspondence
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Follow grievance procedures
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Write detailed resignation letter
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Calculate losses
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Seek legal representation
Time Limits
You must bring a claim within three months less one day from your last day of employment. Don't delay in seeking advice as this time limit is strictly enforced.