Constructive Dismissal - Questions and AnswersPosted in : First Tuesday Q&A ROI on 3 November 2020
In this month’s First Tuesday Q&A, Bernard Martin, Solicitor in A&L Goodbody’s Employment Practice Group, provides some insights on constructive dismissal and looks at case law in the area, including some recent decisions.
What is a Constructive Dismissal?
Constructive Dismissal arises where it is reasonable for an employee, due to their employer's conduct to resign or, again as a result of employer conduct, the employee has suffered a unilateral and fundamental change to his/her terms and conditions of employment.
Section 1 of the Unfair Dismissals Act defines constructive dismissal as:
"The termination by the employee of his contract of employment with his employer…….in
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