Constructive Dismissal
A dismissal claim based on resignation where the employee says the employer made continued employment intolerable.
Definition
Constructive dismissal is difficult because the employee resigned but still alleges dismissal. The evidence usually needs to show the employer's conduct, the timeline, complaints made, alternatives attempted, and why resignation was the last realistic option.
Key takeaways
A dismissal claim based on resignation where the employee says the employer made continued employment intolerable.
Labour Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Forced resignation
Workplace harassment
Intolerable working conditions
Related resources
Resources and guides
CCMA Checklist
Preparation checklist for CCMA referral, conciliation, and arbitration steps.
Labour LawPreparation PackDismissal Evidence Pack
Evidence planning pack for dismissal disputes and workplace disciplinary records.
Labour LawPreparation PackLabour Lawyer Preparation Checklist
Prepare a labour-law consultation by organising workplace facts, employment documents, disciplinary records, CCMA questions, witnesses, and deadline risks.
Labour LawFAQs
Constructive Dismissal FAQs
What does Constructive Dismissal mean?
A dismissal claim based on resignation where the employee says the employer made continued employment intolerable.
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