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Constructive dismissal: Breach must be cause of employee's resignation

This report relates to 1 case(s)

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    O'Grady v FP Financial Management Group Services Ltd EAT/1161/94 (0 other reports)

An employee who resigned to take a up new job after his employer fundamentally breached his contract of employment was not constructively dismissed, holds the EAT in O'Grady v FP Financial Management Group Services Ltd 9.11.95 EAT1161/94. For a constructive dismissal complaint to be well founded, the employer's breach must be the effective cause of the employee's resignation, and in this case the employee would not have left his original job, notwithstanding the breach, if he had not been offered new employment elsewhere.