BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | July 20, 2021

Blog By

Herman Van Wyk
Associate at MNI Attorneys
Specialist in Labour Law

herman-van-wyk

What is constructive dismissal?

• The termination of the contract of employment by the employee with or without notice because the employer made continued employment intolerable for the employee.
• In a dispute about whether an employee was constructively dismissed, the employee must prove that it would have been intolerable to remain in employment.
• Employees who resign to avoid pending disciplinary inquiries will usually not succeed in proving that they have been constructively dismissed.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).