This video discusses constructive dismissal through an actual case at the CCMA.
This case is between an employee and a new manager, and their strained relationship. After a light-hearted email sent from the employer to the manage - who found it anything but light, things started to change even more between them. The employee started to feel isolated and depressed due to victimization from his manager. The employee stated that his work was reassigning to other colleagues, he was removed from the departments WhatsApp group and emails.
After numerous pleas of un-noticed help through lodging grievances with the HR department and informing the CEO - the employee decided to resign and opened a case at CCMA.
At the CCMA - the commissioner explained that to succeed with a Constructive Dismissal case an employee must prove that he resigned due to intolerable working conditions/treatment.
The case also shows that the company did not comply with its own grievance processes a
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a master’s in law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:01 Introduction
00:34 Case background
01:39 Employee referring his case to CCMA
01:59 CCMA Commissioners ruling
03:03 Case - CCMA Award
03:13 Key takeaways from this case
03:52 Summary
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act - South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
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21 авг 2024