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... Connect with me on social media: Twitter:   / carmenfourieer   Facebook ER:   / employmentr   LinkedIn Personal:   / carmen-fourie-425239b6   LinkedIn Business:   / fourieemploymentrelations   Pinterest:   / carfourie   Reddit Community:   / employment_relations   Instagram:   / carmen_fourieer   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.