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Two WRC Decisions published this month make useful reading on the necessity for employees to have exhausted internal grievance procedures before resigning, in order to succeed with a constructive dismissal claim. There is also a useful summary of relevant case law in the first decision reviewed.

Gross misconduct dismissals have a much higher standard to meet than a standard dismissal to demonstrate that the employment relationship cannot continue with immediate effect and that notice does not need to be paid.

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