What is a constructive dismissal? Here is an explanation of its technical characteristics.
“The term “constructive dismissal” relates to an employee’s acceptance of an employer’s repudiation: Cook v CFP Management Pty Ltd [2006] QCA 215; 152 IR 358 at [17]; Lennon v South Australia [2010] SASC 272 at [360]–[366]. Use of the label “can distract attention from the true legal character of the acts that it describes – most importantly, from the need to find a contractual obligation that the employer has repudiated”: Neil I, Chin D, Parkin C, The Modern Contract of Employment (3rd ed, Thomson Reuters, 2023) p 296. As the parties submitted, the focus should therefore be on whether RPS’s conduct was permitted by the contract.”
RPS AAP Consulting Pty Ltd v Lamb [2023] FCA 1310 delivered 31 Oct 2023 per Raper J
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