Constructive Dismissal

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 [...]

2017-11-03T11:07:11+02:00November 3rd, 2017|Dismissal, General|Comments Off on Constructive Dismissal

Constructive Dismissal

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. […]

2017-10-11T11:23:20+02:00January 14th, 2016|Dismissal, Resignation|Comments Off on Constructive Dismissal

Constructive Dismissal

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” […]

2017-10-11T11:16:42+02:00November 26th, 2015|Dismissal, Resignation|Comments Off on Constructive Dismissal
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