Case Law For Constructive Dismissal
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FAQ
Constructive dismissal is a form of unfair dismissal but rather than the employer dismissing an employee the employee resigns because the employer has done something to materially breach the contract of employment.
Legal note: while a constructive dismissal is a form of unfair dismissal, the two aren't interchangeable: simply put, constructive dismissal is where an employee is forced to resign because of an employer's actions and behaviour, while an unfair dismissal is when an employer ends a working relationship with an employee ...
He dismissal will be regarded as automatically unfair if the worker is dismissed for: exercising any of the rights given by the LRA or participating in proceedings in terms of the Act. taking part in lawful union activities. taking part in a legal strike or other industrial action or protest action.
When writing a resignation letter for constructive dismissal, the tone must be clear and business like; stick to the facts and avoid including emotive or impolite language. When an employee resigns in amicable circumstances, they might thank the employer and even go as far as to say they have enjoyed working for them.
