[L122] HOW TO PROVE CONSTRUCTIVE DISMISSAL IN SOUTH AFRICA WITH PRACTICAL TIPS FROM LABOUR LAWYER

This video explains what a Constructive Dismissal in terms of South African Labour Law is, and how do you go about proving it at the CCMA or Labour Court.
A Constructive dismissal means the employee was forced to resign and because of employer's intolerable conduct at the workplace.
In terms of Section 186 (1) (e) of the Labour Relations Act No 66 of 1995, the following factors are important to assess your case:
• The employment circumstances were so intolerable that the employee could truly not continue to stay on.
• The unbearable circumstances were the cause of the resignation of the employee.
• There was no reasonable alternative at the time but for the employee to resign.
• The unbearable situation must have been caused by the employer.
• The employer must have been in control of the unbearable circumstances.
Examples of Constructive Dismissal are bullying at work, victimisation at the workplace, unfair discrimination and unpaid salaries.
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=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 Three principles to prove your Constructive Dismissal case
00:32 What is a Constructive Dismissal in South African Law?
01:01 Intolerable working conditions
01:17 Examples of Constructive Dismissal claims
01:42 Employee must try and resolve the matter internally
02:00 Practical tips from Labour Lawyer
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act - South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#constructivedismissal #labourlawyer #ccma #unfairdismissal

[@abrahamndaumbwa2016]

Well explained

[@legalleaderssouthafricanla7309]

Thank you Abraham!

[@lukesamuel6596]

Hi. What if I have enough evidence to claim constructive dismissal, but the employer has now advised I must come into a hearing. If they fire me, to I forfeit the opportunity to claim constructive dismissal?

[@abrahamndaumbwa2016]

Well explained

[@legalleaderssouthafricanla7309]

We handle CCMA cases and disciplinary hearings