In order to prove constructive dismissal, the employee must demonstrate that the employer breached a fundamental term of the employment contract. This breach must be serious, such as the employer refusing to pay the employee or imposing significant changes to the terms of employment, like requiring relocation. Alternatively, the breach could be the final incident in a series of events justifying the employee's decision to leave. The cumulative effect of these incidents, even if individually not major breaches, must constitute a fundamental breach of contract.
In this article, our readers will discover key legal cases that will aid in their comprehension of this subject. Keep reading...