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Constructive Dismissal – Lodge a Grievance Before Resigning

Another timely reminder this month to employees who wish to resign from their employment and claim constructive dismissal to lodge a formal grievance or complaint before resigning.

The case of Katheleen Stone v Flutter Entertainment PLC ADJ-00029914 highlights again that the burden of proof is on an employee to show that they have exhausted all internal procedures before resigning. If an employee fails to lodge a formal grievance, it is very difficult to prove that they tried to resolve their complaints or concerns internally first.

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