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Thread: Resignation or constructive dismissal

  1. #1
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    Aug 2012
    Somerset West
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    Question Resignation or constructive dismissal

    On the 4th August 2011 my boss did somehing illegal... He invaded my
    privacy by using YYY's administration system to look at my "Call
    History". He was checking whom I was communicating with while using my
    cellphone.The problem is this was my private cellphone.

    He even interrogated a colleague (ZZZ) regarding a private
    SMS I sent him that morning, which was very embarassing for him. He
    decided to go to HR with his complaint... nothing was done about this

    I decided not to actively persue this as I could see that nobody cares
    and it would have made life difficult for me at work.

    I eventually decided to resign as it became more and more difficult to
    work with people who do not trust me even after 5 years at the
    company. I also reported to the HR Manager during my exit interview
    that my manager's actions was the major reason for my resignation. I
    left XXX at the end of November 2011.

    A few months later I found out that nothing had been done about the
    manager's indiscretions. I requested, via email, that Tip-Off start an
    investigation as they were in charge of sensitive investigations for
    the company. They ignored me and did not even respond to my email
    request. I eventually sent my complaint to YYY.

    YYY launched an investigation into the matter and found enough
    evidence to support my claim. They forced XXX to investigate
    as well. I only managed to find out from YYY that the accused was
    found guilty in a DC hearing. XXX still refuses to communicate
    with me regarding my request for compensation.

    I cannot afford Legal assistance as I've been unemployed since November.
    I'm not sure if I can follow the route of 'Constructive Dismissal' or
    apply for 'Condonation'.

    I need help/advice.

  2. #2
    Full Member
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    Apr 2012
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    There are definately more qualified people out there to answer in detail and would probably also need more information as this is very limited.

    Some of the limited knowledge I can provide is as follows:
    1. Read the full contents of the Labour Acts - They are available online at
    2. Constructive Dismissal requires you to "prove" that that the company or manager/boss made working conditions impossible, and usually with the "intent" to force you to resign. Burden of proof here is all on you.
    3. CCMA doesn't cost money to query and they can give the first line of information, without legal fees/costs - see what the feedback is from them.

  3. #3
    Site Caretaker Dave A's Avatar
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    May 2006
    Durban, South Africa
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    Probably a good idea to read Anthony Sterne's excellent blog entry on constructive dismissal. Winning a constructive dismissal case is far from straight forward.

    I agree with kleva - approaching the CCMA won't cost you anything more than your time and is probably the next step.
    Seeing opportunity changes nothing. Seizing opportunity and running with it changes lives.

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