One very important thing with constructive dismissal claim is that it must not be done with intent to maliciously refute ones obligation in a contract of employment. Basically, when the claim of constructive dismissal succeeds, it doesn’t amount to some kind of restoration for the employee but the most likely benefit would be to get compensation for loss of job or quantum meruit as may appropriately be the case.

Also, another major benefit with the proper prove of a constructive dismissal claim is that it wouldn’t allow the employer to proceed in a case against the employee for breach of contract since all along the repudiation of contract was caused by the employer’s negligent act of breaching terms of such contract.

As a matter of relativity, there are different statutes in different countries that serve as enabling statutes with regard to cases on constructive dismissal claim. What this simply implies is that different countries have different standards for claims in constructive dismissal.

The general rule with constructive dismissal claim is that the court would not impose an employee on an unwilling employer. One major benefit in this wise is the payment of damages and this could be liquidated or monetary.

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