constructive dismissal Archives - Consolidated Employers Organisation

Infographic| Unfair Dismissal Related to Constructive Dismissal – A Guide for Employers

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 [...]

Understanding the Test for Constructive Dismissal in South African Labour Law

Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable. When an employee claims constructive dismissal or expresses that the future or continued working conditions are intolerable, it would be contradictory for that employee to desire [...]