- Constructive dismissal occurs when an employee hands in resignation in response to unsatisfactory treatment received from employer.
- Although there is no dismissal, the employee could accept the breach and treat the contract as ended
- Despite the employer’s breach, the employee has the option to “affirm” the continued performance or “accept” the employer’s breach by resigning
- The employee may lose the right to raise a claim for constructive dismissal if there is a delay in resigning. (culled from Employment Law Contracts).
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