Constructive Dismissal: What Do I Need To Know?

Employees often find themselves in employment conditions that are difficult to deal with. However, how does one mark the difference between difficult employment conditions and employment conditions that are so intolerable that the employee is forced to resign?

What Is Constructive Dismissal?

Constructive dismissal can be defined as a situation or an environment in the workplace, which has been created by an employer in which it becomes intolerable for an employee to continue employment and where the employee is left with no choice but to resign. The precise legal definition can be found in Section: 186 (1) (e) of the Labour Relations Act 66 of 1995, as amended.

It is important to note that the employee must have resigned for the employer's actions to be considered as constructive dismissal. It is further important to note that constructive dismissal is different from unfair dismissal. The distinction between the two forms of dismissal lies in who bears the