Great question, thank you! Constructive Dismissal is a type of dismissal, which could be deemed an unfair dismissal depending on the circumstances. In most cases (with very very few exceptions) constructive dismissal is also an unfair dismissal. The only exception that comes to mind was a case where the Labour Court found it was constructive dismissal, but that there was nothing the Employer could have done to prevent the situation from being intolerable. I hope that helps with distinguishing the between the two.
@@suefourie In other types of unfair dismissals the employee would not necessarily resign (such as being retrenched without proper procedure being followed or the ending of a fixed term contract where there was an expectation to renew the contract). But with an unfair constructive dismissal there is a resignation. Similarly - resigning after a transfer of contract where the terms & conditions were changed to be less beneficial for the employee - that would also be an unfair dismissal where the employee resigns. When we do these cases, we firstly establish "was there a dismissal and if so, what type" and then we look at the fairness of it and that would determine whether it is an unfair dismissal.
@suefourie, how does an employer claim "not given an opportunity by no grievance" if the relevant parties were included on the resignation email, was aware of revisits to their site and the employer refuses to use the conciliation process? How does the employer prove they had intention to resolve by missing the ccma platform which affords the employer the opportunity?
Thank you for making this unclear topic clear. The words Constructive Dismissal really don't describe what it means but since watching your video it's easy to remember. The real life examples helped a lot too.
Thank you for your feedback. There has been a delay in getting the new videos out, but I'll keep putting them out. I appreciate the comment - it helps.
I happen to get a job offer the week prior to having to walk out of my job. Though I not had excepted it. There was an incident that happened a few days prior which pretty much broke the Stick off the camels back. My therapist had been encouraging me to look for a new job due to the harassment
Good day Carmen I've got a question i was retrenched a couple of year's back and immediately after this retrenchment took place the employer rehired in the same position's and rehired numerous worker's and refused to rehired most recently I've reapplied for a vacancy but the employer refused to reply to my emails in applying for said vacancy I've met all the requirements for said vacancy but got no replying email from the employer note i was a shop steward at the time of the retrenchments
HI MY CASE IS THAT THE COMPANY IS MOVING OUR DIVISION TO JOHANNESBURG FROM CENTURION AND MOVING THE BROOKLYN STAFF TO OUR BUILDING BUT I STAY IN PRETORIA AND TRANSPORT WILL BE DIFECULT FOR ME AND THEY ASK FOR TRANSPORT ALTERNIVE AND PRICES SO I DID BUT THEY SAID THEY CANT ACOMEDATE MY ISSUE SO I HAVE TO RESIGN
You don't need to resign -Your employer will need to go through termination process since they changed the requirements of the job and through that process determine whether the change in terms and conditions would be deemed reasonable or not.
Hi great video My employer tried to pay me to drop an injury claim after a fall in a freezer at work. He then clocked me in for 3 days without my consent. He bribed me then falsified time sheets which is fraud. Is this a breach of contract?
I would suggest you approach the Department of Labour to assist you. It isn't a question of whether it a breach of contract, but rather whether it impedes with compliance of compensation of occupational injuries. They may have clocked you in to trigger pay roll to ensure you receive payment since an IOD isn't deducted from sick leave (I have seen a few employers do this), but you'll need someone to assist you to get a clear understanding of what happened.
Hi I just watched your video. I resigned due to having a miscarriage and told my boss that I will come to work but can't work back to back double shifts as we worked 13 hour shifts. He said some one was coming to assist me eventually no one came and I had to find someone. I could barely walk and send him multiple messages but instead gave me a 61hour week shift and told him I can't work those hours. I then couldn't do it as he didn't want to listen to me then I resigned. I went to ccma and the guy told me that I hadn't to resign that it would be pointless. I have the proof of the resignation and the time sheets with the messages I sent him. Do I have a chance?
I can't provide an informed response based off this information, but I would recommend seeing the case through at the CCMA. Depending on your earnings it does sound like the working conditions were contrary to those stipulated in the BCEA.
