Multiple choice

Who has the burden of proving constructive dismissal?

  1. Employer

  2. The Industrial Relations Office

  3. Employee

  4. The Industrial Court
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

In a constructive dismissal claim, the employee has resigned and must prove that the employer's unilateral changes to the employment contract were so fundamental that they constituted a repudiation of the contract. Because the employee is the party asserting the claim, the burden of proof lies on them.

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