The Labour Relations Act No 66 of 1995 defines what constructive dismissal is in section 186 (1). It states here that constructive dismissal is when \u201c<\/span><\/span>an employee terminate<\/span><\/span><\/span>s<\/span><\/span><\/span> a contract of employment with or without notice because the employer made continued employment intolerable for the employee.”<\/span><\/span><\/span> So what is constructive dismissal? Quite simply it is when an employer makes life at work so dreadful for an employee, that the employee feels they have no option but to resign.<\/span><\/span><\/p>\n Y<\/span><\/span>es even if you have resigned from work you could still claim unfair dismissal under the right circumstances. Now I need to slow down here for a second and make a few things clear. If you intend to claim for constructive dismissal you must know that the onus is going to be on you to prove that your employer has been making work intolerable for you. Most cases of constructive dismissal are lost, this is due to the fact that they arise because people resign from work only to find out they can not claim UIF if they have resigned. They then try to claim constructive dismissal, almost always unsuccessfully.<\/span><\/span><\/p>\n Ok, so now that we have answered the question, \u201cWhat is constructive dismissal,\u201d let’s take a quick look at what you would need to prove. As I mentioned earlier, the burden of proof is going to be on you to prove constructive dismissal. Therefore order for you to win a case of constructive dismissal you are going to need to show proof for all of the below;<\/span><\/span><\/p>\nHow do you prove constructive dismissal?<\/h3>\n
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