In terms of section 186(1)(e) of the Labour Relations Act 66 of 1995 constructive
dismissal occurs where an employee terminated a contract of employment with
or without notice because the employer made continued employment intolerable.
Work stress is becoming more and more imminent in the workplace. Some
employees feel that the amount of work stress also makes their continued
employment intolerable, and then they claim constructive dismissal.
This raises the question whether the courts should apply the same tests they
apply in constructive dismissal cases as well as in cases where the employee
resigns because of work stress. But, if the same tests that are used to determine
if there has been a constructive dismissal are used in a case where an
employee resigns because of work stress, a real danger exists because then it
can lead to the misuse of a claim of constructive dismissal by employees who
cannot handle a minimum amount of work stress.
Over the years the courts have indicated that they apply an objective test in
cases of constructive dismissal. This leads to the argument whether subjectivity
should play a role, and whether one should look at the subjective perspective of
both the employer and the employee.
This research looks at numerous court decisions, from both the South African
legal system as well as the United Kingdom legal system, in order to determine
which tests the South African courts need to apply when they are confronted with
a constructive dismissal claim where the employee resigned due to work stress.
Constructive dismissal – resignation – work stress – stress due to an excessive
workload – work stress and employee wellness – stress based claims. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/8425 |
| Date | January 2011 |
| Creators | Smit, Estie |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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