The term "constructive dismissal" is often used to
describe a situation where an employee has been left with no real
choice but to resign from their employment. This is also sometimes
referred to as a "forced resignation".
How do I prove that I was forced to resign?
Ordinarily, the employee bears the onus of proving that they did
not resign from their employment voluntarily and that they were
instead forced to do so by their employer.
In essence, the employee must show that their employer took
action with the intention of bringing the relationship to an end,
or took action that would have the probable result of doing so.
For example, the Fair Work Commission has consistently held that
a significant unilateral reduction to salary will usually
constitute conduct by an employer that leaves the employee with no
other option than to resign. Similarly, a failure to pay wages over
an extended period of time will also usually constitute conduct
that has the probable
