350 Constructive dismissal

Description

Table of Contents

1.   Introduction- s 186(1)(e) of the Labour Relations Act, 1995

2.        The meaning of ‘constructive dismissal’

3.        The application of this form of dismissal

4.        The elements of a constructive dismissal

5.        The onus- who must prove what

6.        Employment relationship

7.        Termination of the contract of employment by the employee

8.        The employee did not resign intentionally

9.        The employer’s conduct was intolerable

9.1      Intolerable employer conduct

9.2      Employer conduct held not to be intolerable

10.      The employee resigned because of the intolerable conduct of the employer

11.      The alternatives the employee had other than terminating the contract

12.      The fairness of the constructive dismissal

13.      The remedy for constructive dismissal

14.      The review of an award on the question of constructive dismissal