The last straw doctrine allows a claimant to rely on the accumulative acts of the employer, even though earlier breaches by the employer may have been affirmed, so long as the final act forms part of a series of events with the last event commonly referred to as being the last straw.
Employers must take care not to damage their employees' future employment prospects, by harsh and oppressive behaviour or by any other form of conduct that is unacceptable today as falling below the standards set by the implied trust and confidence term.
If the employer is guilty of conduct which is a significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract, then the employee is entitled to treat himself as discharged from any further performance.
If an employer breaks the "mutual trust and confidence" a member of staff may be justified in treating himself or herself as constructive dismissed without necessarily first trying to resolve matters through a grievance procedure.
Employers shall not, without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between the employer and employee.
Failure to make reasonable adjustments to accommodate a disabled employee can amount to a serious breach of the implied contractual term of trust and confidence, and give the employee the right to resign and claim constructive dismissal.