Constructive Dismissal

Where an employee has a difficulty with his or her employer and as a result of his/her employer’s conduct, an employee may be entitled to terminate the employment should it be reasonable in the circumstances. The burden of proof is on the employee and he/she must seek to resolve the matter internally before resorting to a claim of constructive dismissal. The employer must be aware of the grievance/ issue and be given the opportunity to be able to rectify the issue/grievance.

Here are some examples:

1. Reduction in pay – a unilateral reduction in pay may be a may be a breach of contract and therefore could result in a claim for constructive dismissal by the employee.
2. The working environment – are the working conditions suitable for you to perform your contractual duties?

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