ARTICLE · 26 MARCH 2020

Understanding Constructive Dismissal

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Constructive Dismissal is defined in Section 186 of the Labour Relations Act ("the Act") which sets out the meaning of dismissal in terms of the Act.

South AfricaEmployment and HR

Schoemanlaw Inc.

Constructive Dismissal is defined in Section 186 of the Labour Relations Act ("the Act") which sets out the meaning of dismissal in terms of the Act. Due to the numerous types of dismissals, this article will focus solely on Constructive Dismissal. Constructive Dismissal is particularly defined in section 186 of the LRA at subsection (1) (e) as "an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee". From the definition, one will immediately note that for a Constructive Dismissal to occur, the Employee would have needed to terminate a contract of employment.

Termination of a Contract of Employment by the Employee

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