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Constructive dismissal is an often-discussed but rarely-realized part of employment law where fundamental changes to a role can lead to significant employer liability. This episode breaks down what counts as a unilateral change and how employers can navigate restructuring without triggering valid legal claims.
Defining the "unilateral and fundamental" test for dismissal.
Why salary reductions and demotions are primary triggers.
The role of "reasonable notice" in changing contract terms.
How "consideration" and signing bonuses can mitigate risk.
The employee’s duty: choosing to accept or resign.
The legal concept of "condoning" changes by staying too long.
00:00 Defining the concept of constructive dismissal
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By WRKdefined Podcast Network4.6
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Constructive dismissal is an often-discussed but rarely-realized part of employment law where fundamental changes to a role can lead to significant employer liability. This episode breaks down what counts as a unilateral change and how employers can navigate restructuring without triggering valid legal claims.
Defining the "unilateral and fundamental" test for dismissal.
Why salary reductions and demotions are primary triggers.
The role of "reasonable notice" in changing contract terms.
How "consideration" and signing bonuses can mitigate risk.
The employee’s duty: choosing to accept or resign.
The legal concept of "condoning" changes by staying too long.
00:00 Defining the concept of constructive dismissal
Find Brady
Find Andrea (me)