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A legal analysis of constructive dismissal in South Africa
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A legal analysis of constructive dismissal in South Africa

Siphiwe Sithole
LLM, University of Johannesburg
Handle:
https://hdl.handle.net/10210/520151

Abstract

Collective bargaining-South Africa Labor laws and legislation-South Africa Labor courts-South Africa
This dissertation analyses the concept of constructive dismissal as outlined in section 186(e) of the Labour Relations Act 66 of 1995. In terms of this section, constructive dismissal takes place when an employee resigns because the employer's conduct has made the continued employment intolerable. In South Africa, constructive dismissals are treated as unfair dismissals and referred to the CCMA. However, constructive dismissal referrals are difficult to prove. The study reviews the relevant legislation and case law concerning constructive dismissals. It also examines various forms of employer conduct that have been recognised by South African courts as constituting offensive or abusive behaviour, thereby justifying a dispute for constructive dismissal.
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