Constructive Dismissal Matters
A Definition of Constructive Dismissal
It involves employees resigning on the basis that they have concluded that the employer has acted in a fashion which has rendered their on going employment to be unbearable.
Section 186(1)(e) of the Labour Relations Act provides that dismissal means “an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee”.
“an employee bears an initial onus of showing, on an objective standard, that the employer has rendered the employment relationship so intolerable that no other option is reasonably available to an employee, save for termination of their relationship”.
To summarise constructive dismissal, an employee will have very limited prospects of success if they cannot show that the purported intolerability is indeed of a severe nature, and that they attempted to resolve the grievances prior to resigning.
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