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Home Unfair Dismissal Constructive Dismissal

Constructive Dismissal

In terms of section 186(1) (e) Constructive dismissal can be claimed where an employee alleges that the employment contract was ended with or without notice because the employer made the continued employment intolerable for the employee.

Before even considering resigning due to intolerable circumstances you should explore internal grievance/dispute resolution avenues. 

These should be exhausted without success before resigning! In the case of constructive dismissal the employee has no other reasonable option than to resign due to the actions of the employer.  Different than in the case of other dismissal disputes the onus is not on the employer but on the employee to prove that he was constructively dismissed. 

You will have to prove to:

  • Your situation had become so intolerable that you were unable to work;
  • You would have continued working indefinitely had the employer not created the unbearable situation;
  • You resigned because you did not believe that the employer would reform or abandon the pattern of creating an unbearable work environment.

Contact us immediately should you entertain the idea of resigning and claiming constructive dismissal!  Without expert advice and guidance you might end of without a job and an unsuccessful claim of constructive dismissal.

Be on the lookout for future articles and newsletters pertaining to constructive dismissal.

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