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Constructive Dismissal

Where an employer’s treatment of an employee left them with no option but to resign because the employer’s action amounted to a fundamental breach of the contract of employment. The action must be so serious such as to demonstrate that the employer no longer wished the employment relationship to continue. The employee must be able to identify the act that breaches the contract and must then resign in response to that breach without undue delay. The act may be a “final straw” in a series of less serious acts. Claims for constructive dismissal are generally the most difficult to win, especially since the burden of proof lies with the claimant.

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