Constructive Dismissal

What is constructive dismissal?

Constructive dismissal is the term used describe the situation where a person has resigned, but was forced to do because of conduct, or a course of conduct, engaged in by their employer. The employee must essentially establish that they had no other option but to resign. This can be difficult for an employee to establish but will typically arise if your employer unilaterally and significantly reduces your salary or otherwise attempts to drastically change the terms of your employment without your agreement.

A constructive dismissal will not usually arise simply because you have been issued with a warning or placed on a performance improvement plan.

What do I do if I have been constructively dismissed?

If you feel that you have no other option but to resign, you should seek legal advice immediately. In order to take action for a constructive dismissal, the employment must end in a careful and controlled way. Once the employment ends, you may be able to make a claim for breach of contract and/or an unfair dismissal claim in the Fair Work Commission.

The lawyers at Jewell Hancock Employment Lawyers can assist you in bringing the employment to an end in the correct way and help formulate a claim to recover any lost income.

Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.

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