Onus is on employer to prove that trust has broken down
Even the presumption of innocence is not available to an employer in a case of unfair dismissal
05 June 2019 - 05:07
An integral element of an employment relationship is the need for the employer and employee to trust each other. This is a two-way street and either party could forgo their right to continue the employment by destroying the trust relationship.
Where an employer has mistreated an employee so badly that they are forced to resign, this could contribute to a constructive dismissal finding. An important element of a successful constructive dismissal claim is the employee’s proof that they can no longer trust the employer to treat them fairly...
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