LEGAL MATTERS: Layoffs and constructive dismissal in Covid era

THE term constructive dismissal relates to a situation where an employee terminates the employment relationship with or without notice. The employee then goes on to allege that the termination was because the employer made continued employment intolerable for them.
The Labour Act provides for constructive dismissal as a form of unfair dismissal in section 12B (3)(a).
The threshold for constructive dismissal is normally that the employer’s conduct must be so serious as to justify the employee’s leaving at once.
The decision to serve a notice period then becomes a matter of choice, but as long as the threshold of seriousness has been crossed, then a case for constructive dismissal can be made.

Advertisements

There are three essential ingredients for constructive dismissal and they are i) whether the employee brought the contract to an end, ii) whether the reason for the employee’s action was that the employer had rendered the prospect of continued employment intolerable and iii) whether the employee had no reasonable alternative other than terminating the contract. The onus of proving these requirements rests on the em

Subscribe to The Financial Gazette

This is premium content. Subscribe to read article.

Subscribe Today

Gain access to all articles. Subscribe Today.

Related posts

LEADERSHIP MINDSET COACHING: Fostering entrepreneurial leadership for growth

TAX MATTERS: Zimra’s pay-now-argue-later principle

TAX MATTERS: Transfer pricing: Emerging trends

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Read More