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Resigned or Dismissed???

Constructive Dismissal

Did you know that if you are forced to resign your employment you may still be entitled to claim for unfair dismissal??.


If an employee has resigned from a job in circumstances where they had no choice but to leave then this may be a ‘constructive’ dismissal.

This usually means that the employer’s behaviour had already brought the employment to an end even though it was left to the employee to resign.

Examples of constructive dismissal can include:

  1. treating an employee so badly that it is impossible for them to attend work without putting their physical or psychological health in serious jeopardy;
  2. a Statement to an employee that they should resign or they will be sacked; or
  3. a significant change by the employer of the employee’s tasks, or circumstances of work.

In these circumstances there may be grounds to make a claim for unfair dismissal.


  • It is important that you treat all warnings seriously whether verbal or in writing;
  • There is no legal right to three written warnings, as is often thought;
  • You only have 21 days after you have been dismissed to bring an unfair dismissal claim;
  • You cannot make a claim for unfair dismissal if you are still on probation; and
  • You can only make an unfair dismissal claim where the employer employs 15 or more people.

Contact Peter Moore on (02) 4324 7699 to find out where you stand with any employment law issue.

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On 20th November 2023, our office will relocate to Suites 5 & 6, Fountain Plaza, 148-158 Central Coast Highway, Erina.

Our telephone number, email address & website willl remain unchanged.