Labour Law
Constructive Dismissal
Constructive dismissal occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign. The law treats this as a dismissal.
Legal Definition
Section 186(1)(e) of the Labour Relations Act 66 of 1995 deems a resignation to be a dismissal if the employee was induced to resign due to intolerable conduct by the employer that the employer could not justify.
📖 Constitutional / Statutory Basis: Section 23, Constitution of the Republic of South Africa, 1996; Labour Relations Act 66 of 1995 s186(1)(e)
Practical Example
Your employer demotes you without reason, cuts your salary, and assigns you degrading tasks until you feel forced to resign. This can constitute constructive dismissal.
Frequently Asked Questions
How do I prove constructive dismissal?
You must show: (1) the employer's conduct made continued employment intolerable, (2) the employer caused or permitted the intolerable conditions, and (3) you resigned as a result.
Must I try to resolve the situation before resigning?
Courts expect reasonable steps to resolve the issue first — complaining to HR or management — before concluding no other choice existed.
Can I claim UIF if I resigned due to constructive dismissal?
If the CCMA or Labour Court rules it was a constructive dismissal, it is treated as a dismissal, and UIF would apply.
Related Terms
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