What is a repudiatory breach in a constructive dismissal claim?

Constructive dismissal is a claim that can be filed through a company like Employment Law Friend whereby an employee feels like they have no alternative but to leave their current job due to the way they are being treated or the environment in which they are working.

There are many reasons why an individual might want to file for constructive dismissal but they all usually fall into the category of repudiatory breach. This is a breach of contract that allows one of the parties mentioned to end the contract.

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These breaches can include any of the following:

  • Discriminatory behaviour is based on protected characteristics such as gender, sexual orientation, age, disability, maternity and paternity and a number of others.
  • Harassment and bullying – in the cases of constructive dismissal this is bullying and harassment that has not been dealt with by line managers and senior management teams.

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  • Unsafe working environments – this relates to any breaches of health and safety legislation and laws.
  • Forced reduction of salary or demotion of current position without due cause.
  • Unreasonable disciplinary proceedings that have little to no evidence linked to them.

In order to file a constructive dismissal claim, you must have been with your current employer for at least 2 years, be classified as an employee and have left your job as a result of your treatment.

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