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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

  • Unilateral changes to terms

  • Breach of trust and confidence

  • Failure to address grievances

  • Bullying or harassment

  • Unreasonable work demands

  • Pay-related breaches

  • Unsafe working conditions

Proving Your Case

  • Fundamental breach by employer

  • Resignation in response to breach

  • No delay in resigning

  • Clear evidence of breaches

  • Following proper procedures

  • Documenting incidents

  • Witness statements

Compensation

  • Basic award

  • Compensatory award

  • Loss of earnings

  • Future losses

  • Loss of benefits

  • Notice pay

  • Job seeking expenses

Making a Claim

  • Gather evidence of breaches

  • Document timeline of events

  • Keep all correspondence

  • Follow grievance procedures

  • Write detailed resignation letter

  • Calculate losses

  • 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.

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