Abstract:
The first part of this article introduced
the concept of constructive dismissal
in the law of unfair dismissal in South
Africa, with some illustrations from
Namibia, and discussed mainly the
test for constructive dismissal which
deals with the employee’s burden of
proving that his/her resignation was not
voluntary but literally foisted upon them
by the conduct of the employer, who
should have gone further to prove that
the dismissal was not unfair or did not
constitute unfair labour practice. This
second part begins with the discussion of
the experience of Lesotho and Swaziland/
Eswatini and proceeds to discuss the
three elements of constructive dismissal,
by which the employee must have brought
the employment relationship to an end
by proving that continued employment
was intolerable, a situation for which
the employer was responsible. A number of other instances where constructive dismissal was claimed but the employee failed to
convince the courts that it ever existed in the given cases are also outlined in this part.
