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When is a resignation not a resignation - don't be guilty of constructive dismissal - August 2010

Constructive dismissal

Constructive dismissal occurs when the conduct of an employer causes an employee to resign. The employer may expressly ask the employee to resign or the employer’s conduct may leave the employee feeling that there is no other choice but to resign. An employer may believe that resignation is mutual however if an employee is able to demonstrate that the employer’s behavior was unfair or unlawful in procuring a resignation, a constructive dismissal claim may pursue as highlighted in the recent decision of John Steven Little v Petfood Processors (WA) Pty Ltd. Read the full article here.

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