An analysis of intolerable conduct as a ground of constructive dismissal.

Abstract

Constructive dismissal with particular reference to s 186(e) of the Labour Relations Act 66 of 1995 forms the main subject of this Dissertation. The section explains „dismissal‟ to incorporate a position where a worker resigns as a result of the conduct of the employer who made continued employment intolerable. The study explores case law on this issue, considers and describes the forms of behaviour that have been and those that will be considered by the courts to be offensive conduct on the part of the employer, and to what end these can be said to necessitate a case of constructive dismissal.