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Professor, I am confused in constructive dismissal definition. It is “employee resigned because employer breached the terms of their contract of employment”.
I am confused that if employer breached the terms so it should be a void and invalid dismissal as it is his mistake. If employee would have exceeded limits and condition then he is guild.
Secondly, dismissal means that employer fired someone however here it is saying that it is on discretion of employee as he resigns himself.Constructive dismissal is usually encountered when an employer has behaved badly or unfairly towards an employee so that the employee does not want to to work there anymore. The employee could just resign but if it can be construed that the employer’s behaviour amounts to dismissal then the employee will be entitled to damages (ie money).
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