LLA 350 Constructive dismissal


Context: The article is one of a series which discuss and explain dismissal in terms of the Labour Relations Act, 1995. It deals with the form of dismissal in s 186(1}(e), commonly referred to as ‘constructive dismissal’.

Content: The article discusses the meaning of constructive dismissal and the question of the onus. The elements of this form of dismissal and the case law which explains each element are then discussed in detail. The article concludes with a discussion of the remedies available and the review of an award where the issue is whether the employee was constructively dismissed.

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.    Termination of the contract of employment by the employee

7.    The employee did not resign intentionally

8.    The employer’s conduct was intolerable

8.1      Intolerable employer conduct

8.2      Employer conduct held not to be intolerable

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

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

11.      The remedy for constructive dismissal

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




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