Constructive dismissal explained
A constructive dismissal occurs when an employer's conduct makes continued employment intolerable, leaving the employee no reasonable alternative but to resign. The resignation is then treated as a dismissal under the LRA.
The employee must prove the employer's conduct—not merely unhappiness at work.
Typical conduct that may qualify
- Unilateral demotion or pay cut without consent - Sustained bullying or harassment ignored by management - False disciplinary charges used to force exit - Material breach of the employment contract
Evidence to collect
- Emails, WhatsApp messages, and HR letters - Witness statements from colleagues - Medical certificates linked to workplace stress - A timeline showing escalation and the employer's response
CCMA pathway
Refer an unfair dismissal dispute within 30 days of the resignation date. Conciliation is the first step; arbitration may follow if unresolved.
FairPlay AI helps you map facts to LRA fairness tests and draft next-step communications.