Constructive dismissal occurs when an employee resigns due to unbearable working conditions created by the employer. Under Section 186(1)(e) of the Labour Relations Act (LRA), an employee must prove that their resignation was a last resort, and that the employer was culpable for making continued employment intolerable. This infographic outlines the legal test, the employee’s burden of proof, and key considerations such as avoiding disciplinary proceedings, exhausting internal remedies, and employer responsibilities in handling grievances. Understanding these principles helps employers prevent unnecessary claims and ensures fair workplace practices.
By Anesta Kruger
Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)