If your employer made your working conditions so intolerable that you had no option but to resign, this may be constructive dismissal under Section 186 of the LRA.
Section 186(1)(e) of the Labour Relations Act defines constructive dismissal as an employee terminating their contract because the employer made continued employment intolerable. Despite being a resignation, it is treated as a dismissal in law.
The employer's conduct made continued employment genuinely unbearable — not merely unpleasant or difficult.
The intolerable conditions were the direct cause of your resignation — not a separate decision to leave.
You had no reasonable alternative but to resign. You could not remain employed under those conditions.
The intolerable situation was caused and controlled by the employer, not an external factor.
Constructive dismissal carries the same rights as unfair dismissal. WhatsApp us now for a free assessment.
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