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The Fair Work Commission has been dealing with a raft of resignation disputes lately, and HR teams are "going to see a lot more of this", a lawyer warns.

Constructive dismissal claims are rising for two main reasons, says NB Lawyers director Jonathan Mamaril. Firstly, due to recruitment and retention pressures in workplaces, communication with employees hasn't been as good; secondly, employees are more aware of the action they can take following a workplace dispute or issue.

But for an employee to prove that their resignation was forced there is a "really high bar", and the only thing that can really undermine an employer's defence is its communications...