Constructive Dismissal

Dear Clients,

We hope this message finds you well.

We would like to bring to your attention a recent judgment on Constructive Dismissal delivered by the labour court.

The attached article provides an insightful overview of the various tests employed in the judgment, citing the case of Westbank, a Division of FirstRand Bank Limited v Commission for Conciliation, Mediation & Arbitration (C293/2021) [2024] ZALCCT 1 (18 January 2024).

Understanding the legal intricacies outlined in this judgment is crucial for employers in effectively navigating situations that may potentially be construed as constructive dismissal.

While our trusted business partners are well-equipped to guide you through the CCMA process, proactively managing the circumstances leading to an employee’s resignation under the pretext of constructive dismissal can significantly contribute to a favourable outcome for your company.

Should you require further assistance or have any labour law-related inquiries, please feel free to reach out to us. We are here to support you in addressing your specific needs.

Kind regards