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What is Constructive Dismissal?| Fairwork Online


What is Constructive Dismissal?

Constructive dismissal occurs when an employee resigns because their employer says or does something that the employee can reasonably treat as a dismissal, but the employer does not actually state that they have been dismissed. 

For example, if an employer advises an employee that unless he or she resigns, the employer will dismiss the employee, and given this the employee resigns, such a scenario will most likely be considered a constructive dismissal.


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