What exactly does constructive dismissal mean and what must an employee prove to be successful at the CCMA? In terms of Section 186(1)(e) of the Labour Relations Act, constructive dismissal is defined as when “an employee terminated (a contract of) employment with or without notice because the employer made continued employment intolerable for the [...]
A further form of statutory dismissal is the termination of the contract of employment by the employee with or without notice or leaving employment due to unfair pressure, unreasonable instruction or unbearable conduct on the part of the employer. […]
It often happens that an employee resigns from the workplace and thereafter refers a case to the CCMA alleging unfair dismissal. Many employers don’t realise that even though an employee has resigned voluntarily, this may amount to a dismissal. Such a dismissal is termed “Constructive dismissal” […]