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Thread: Constructive dismissal

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    Constructive dismissal

    Good day everybody,

    I have a question, I have been employed as a sales agent by a leading insurance company for the past four years and the commision was coming in for the four years (I was earning between 40-50k P.M) however the problem started when I got "promoted".

    I was told that I will keep selling and also run a sales team for an unspecified amount of time which would give me an opportunity to earn 2 commisions. I had been top sales person for 4 years running and when the dual role started I missed my target , both infact and earned no comm, I approached my manager to inform him after 2 months that the dual role is affecting my own production so one of the role needs to go, whether be it the management post or the sales job. He encouraged me to keep trying as it would look good with the director and enhance my chances of full time management.

    6 months down the line still no comm on both fronts instead the responsibilities are escalating but Im left with my 10k basic to survive on, needless to say my creditors have not been paid regularly and Im being evicted from my place of residence and my car is about to be reposessed if I dont pay within 72 hours, I approached my manager again telling him about this and he has said IO must just kke trying (again) , my job has been unbearable and I have went into a bout of depression and management still pile the work on me with no comm, I tried building the team but all that happened was they took my good sales people and put them in other teams as they have "shown promise' and deserve to be in better teams. This has further dashed any hope of comm.

    My work has became unbearable and the only solution I see now is resigning and filing for constructive dismissal, if there is any legal expert in the Forum please help and tell me what my chances are of winning such a case when I do take it to the CCMA

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    Why do you not approach another insurance company, and offer your services, you do have a good track record.
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    Constructive dismissal is always difficult to prove at the CCMA, but on face value it looks as if you have a good change of winning your case. One have to look a bit deeper though, eg. documentation, if any, that you have, your contract of employment, letters sent to you, etc.

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    prospect of success

    Quote Originally Posted by Labour Investments View Post
    Constructive dismissal is always difficult to prove at the CCMA, but on face value it looks as if you have a good change of winning your case. One have to look a bit deeper though, eg. documentation, if any, that you have, your contract of employment, letters sent to you, etc.
    I don't think you will win at arbitration unless you have everything on record asking the company for help. It must be on record!

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