Labour Relations South Africa

  🧱 Constructive Dismissal in South Africa: What It Means and What to Do “I didn’t quit… they pushed me out.” These are the quiet words of Thando, a dedicated warehouse supervisor who spent seven years building a reputation for hard work. But in her final months, things changed: her working conditions became unbearable, she was constantly micromanaged, and she was excluded from key meetings. Eventually, she felt forced to resign. This is what constructive dismissal often looks like—and it’s more common than many think. 🔍 What Is Constructive Dismissal? Constructive dismissal happens when an employee resigns not because they want to—but because the employer made the working environment intolerable . Under South African labour law , this is treated as a dismissal initiated by the employer , even though the employee resigned. In legal terms, it’s a form of unfair dismissal if the resignation was not voluntary , but due to the employer’s conduct. 📜 What the Law Says (L...

  Key Concepts to Know Understanding the fundamental concepts related to dismissals and fairness is crucial for anyone involved in the workplace, from shop floor workers to top management.  These concepts are not just legal jargon—they are the backbone of fair and just labor practices.  Below, we break down these key concepts with explanations, real-life case studies, and the latest legal updates to ensure clarity and relevance for all levels. 1. Unfair Dismissal Explanation: Unfair dismissal occurs when an employee is terminated without a valid reason or when proper procedures are not followed.  According to South African labor law, every dismissal must be both substantively and procedurally fair.  Substantive fairness refers to the validity of the reason for dismissal, while procedural fairness concerns the process followed before the dismissal. Case Study: A production line worker was dismissed for "poor performance" after failing to meet the company's newly ...