Constructive dismissal is defined as “a situation in the workplace, which has been created by the employer, and which renders the continuation of the employment relationship intolerable for the employee- to such an extent that the employee has no other option available but to resign.”

In fact the employee would have continued the employment relationship indefinitely had it not been for the employer’s unacceptable conduct. When any employee resigns and claims constructive dismissal, he is in fact stating that under the intolerable situation created by the employer, he can no longer continue to work, and has construed that the employer’s behaviour amounts to a repudiation of the employment contract. In view of the employer’s repudiation, the employee terminates the contract.

It is for the employee to prove that the employer was responsible for introducing the intolerable condition, and for the employee to prove there was no other way of resolving the issue except for resignation. It is required that the employee prove the introduction of any intolerable working condition, amounting to repudiation by the employer of the employment contract.

For further information on any labour related matters or constructive dismissal, you can contact Bernard Reisner:

W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za