Labour Relations South Africa

  ⚖️  Understanding Constructive Dismissal ⚖️ 1. Understanding Constructive Dismissal Definition (LRA s186(1)(e)): Occurs when an employee resigns because the employer made continued employment intolerable. Key test: The resignation must be involuntary in effect, caused by the employer’s conduct, and the employee must prove they had no reasonable alternative but to resign. 📝 2. Internal Complaint Stage Grievance procedure : Ensure the employee had access to a documented grievance process. Employer response : Acknowledge the complaint formally. Investigate allegations (bullying, unfair treatment, policy breaches). Document all steps taken (minutes, emails, witness statements). Risk check : If the grievance was ignored or mishandled, this strengthens the employee’s constructive dismissal case. 📂 3. Resignation Letter Employee typically cites intolerable conditions. Employer should: Record receipt of resignation. Note reasons given. Avoid retaliatory or dismissive responses. Co...