IRE430H1 Lecture Notes - Lecture 6: Constructive Dismissal, Fundamental Breach, Wrongful Dismissal
24 May 2020
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Ire430 lecture 6: ending the contract, by agreement, constructive dismissal and. Constructive dismissal is a unilateral change in a fundamental term or condition. The party doesn"t agree to the change, it"s unilateral. That change does come from employer and then the term and condition that changes has to be fundamental at the core or heart of the agreement somehow. Must tolerate a unilateral change in working conditions. Responds by treating the contract as having been terminated by employer, and so deserves more. Based on doctrine of repudiation of contract. Constructive dismissal occurs when the employee accepts an employer"s repudiation of contract by quitting and suing. Employee must accept the repudiation within a reasonable time period. Court may rule that he/she condoned the employer"s breach. Also based on cumulative effect of breaches. Changing compensation, especially base compensation most fundamental. Balancing competing interests inn constructive dismissal law. Employer usually doesn"t have the intention of driving the employee out or terminating the contract.
