LAW 529 Lecture Notes - Lecture 4: Fundamental Breach, Wrongful Dismissal, The Employer
17 Dec 2019
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Document Summary
A constructive dismissal occurs when the employer commits a fundamental breach of contract or behaves in an intolerable manner, and in response the employee leaves their job. The employee treats the contract as if it was terminated by the employer, and therefore the employee deserves notice upon termination. The legal rules which apply in this case are based on the doctrine of repudiation of contract. That is, the employer"s breach amounts to a repudiation of the employment contract. Constructive dismissal occurs when the employee accepts an employer"s repudiation of contract by quitting and suing. The employee must accept the repudiation within a reasonable time period. If not, courts may rule that the employee has condoned the employer"s breach. The onus of proof that constructive dismissal has occurred is on the employee. This can be proven based on one isolated case which was very serious or based on cumulative effect of several breaches.
