Posted on: Apr 26, 2012

Constructive dismissal occurs in the following situations:

  • when an employer gives the employee a choice between resigning or being dismissed
  • when an employer follows a course of conduct with the deliberate and dominant purpose of coercing an employee to resign
  • when a breach of duty by the employer led the employee to resign

With constructive dismissal cases the bar is set pretty high and the onus is on the employee to prove they were constructively dismissed.


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