Essay On Constructive Dismissal

1182 Words5 Pages
3. Constructive dismissal

Section 186 (1) (e) of the LRA defines a constructive dismissal. The section states that;
“Dismissal means that employee ended a contract of employment with or without warning because the employer made continued employment unbearable for the employee.” Termination of employment in these circumstance is known as a ‘constructive dismissal.’ Although the termination of employment occurs at the employee’s initiative, the law regards the termination as a dismissal since the conduct of the employer ‘forces’ the termination of employment.

If a constructive dismissal is established, this does no more than establish the existence of a ‘dismissal’ for the purposes of the Act. If the employee establishes a constructive
…show more content…
6.3 In Chabeli v CCMA & Others
The employee has to show that the employer had made the continued employment relationship intolerable and that, objectively assessed, the conditions at the workplace have become so intolerable that he had no option but to terminate the employment relationship.

The importance of the case: is to prove the constructive dismissal. If proven, the employee can choose to return to work and also he compensated for the time that she was away from work. All the procedural steps should be taken or followed at all the time.

7. Conclusion
In conclusion, every employee has to be fairly treated by the employer and the same should go an employer, they should be treated with respect at all the time. A good relationship between an employer and employee is very important because it will resolve workplace conflict in terms of constructive dismissal and dismissal of misconduct. And if it comes to the point of dismissal, all necessary procedures should followed to not make matters
Open Document