CONSTRUCTIVE DISMISSAL

ACCORDING to the CCMA, “constructive dismissal is where an employee terminates the contract of employment with or without notice because the employer made continued employment intolerable for the employee.”

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In order to prove that there was a constructive dismissal, an employee will have to prove on a balance of probabilities that:

♦ The contract of employment was terminated by the employee because of the employer's conduct and not because the employee was planning to resign in any event;