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Legal Insights

Constructive dismissal: Dismissed or Resigned?

In essence, a claim of constructive dismissal arises when an employee voluntarily resigns from their position, however, alleges that they were forced to do so due to unbearable/intolerable working conditions created by the employer.  While generally, in cases of dismissal for misconduct, incapacity or operational requirements, dismissal is not disputed, and, if referred to the Constructive dismissal: Dismissed or Resigned?