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ARTICLE · 31 OCTOBER 2022

Have you been forced to resign? - constructive dismissal

Your resignation is forced when, as an employee, you are made to feel that you have no other choice but to resign.

AustraliaEmployment and HR

Your resignation is forced when, as an employee, you are made to feel that you have no other choice but to resign. These types of forced resignations are referred to as 'constructive dismissal'.

To establish that a constructive dismissal has occurred, you must prove that your resignation was forced, or that you had no choice but to resign due to unacceptable or unlawful behaviour by your employer.

Both employees and employers should understand this aspect of employment law and what constitutes constructive dismissal to ensure they abide by their rights and obligations. We act for both employees and employers and this article is written from the employee perspective.

This area of employment law is niche and you should get advice from employment lawyers about your matter.

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