CONSTRUCTIVE DISMISSAL | and everything you need to know about GRIEVANCES | South African Labour Law

This video is jam packed full of information about constructive dismissal. I cover the definition and where to find it in the Labour Relations Act. I take you through all the different things that Employees need to prove when claiming constructive dismissal at the CCMA or relevant Bargaining Council, with practical examples. I answer the commonly asked question, which is - Must employees always lodge a grievance before claiming constructive dismissal? I detail examples of when I believe it would be reasonable to expect a grievance to be lodged and when not. In this video I also cover what a grievance is and how to lodge a proper grievance, even if the company does not have a grievance policy. I also provide an explanation on the assumption that there should be no alternative other than resigning in constructive dismissal and also UIF considerations. Finally I briefly cover the latest case law related to constructive dismissal.

Website for documents: https://fourieemploymentrelations.com...
Constructive Dismissal Checklist: https://fourieemploymentrelations.com...
Grievance Template: https://fourieemploymentrelations.com...

Employment Relations Main website: http://www.employmentrelations.co.za/

Case Law: http://www.saflii.org/za/cases/ZALCJH...

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My Credentials:
Employment Relations practitioner for over 6 years, assisted over 500 clients in various industries across South Africa, over 2000 disciplinary hearings chaired, numerous CCMA cases, retrenchments, restructuring, contracts of employment, incapacity investigations, grievances facilitated, and negotiations.
I am also the Director of Fourie Employment Relations (Pty) Ltd and, lectured and mentored the subject of labour relations at the University of Stellenbosch.
MCom Cum Laude (Industrial Psychology)
BCom Hons Cum Laude (Industrial Psychology)
BCom Management Science (Entrepreneurship & Industrial Psychology)
Numerous courses completed on Nonviolent Communication

Time codes:
0:00 - Introduction
0:26 - Where to find constructive dismissal
00:57 - Definition
01:30 - Who has burden of proof in constructive dismissal
02:50 - Factors to prove at the CCMA
03:30 - Resignation
04:20 - No ulterior motive
04:55 - Example
05:44 - Was it the Employer's responsibility
06:27 - Example 1
07:29 - Example 2
08:22 - Threshold for Intolerable
10:15 - Subjective & Objective test
11:38 - Example
14:28 - Final point to prove
15:42 - Must an employee always lodge a grievance
16;28 - When to lodge a grievance
17:46 - What goes in a grievance
21:12 - Example
22:24 - When is a grievance not required
25:40 - No other avenues
28:04 - Recent case law
30:27 - For practitioners
31:06 - Disclaimer & Recommendation
31:53 - Concluding constructive dismissal

Disclaimer: This video is for educational purposes only. When in doubt always contact a professional to assist you with your specific situation.