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QUESTION 1 January / February 2022 MRL3702 LABOUR LAW Two court decisions AND how the principle of constructive dismissal works in an employment environmentR55,00
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QUESTION 1 January / February 2022 MRL3702 LABOUR LAW Two court decisions AND how the principle of constructive dismissal works in an employment environment
Two court decisions AND how the principle of constructive
dismissal works in an employment environment
Written by
Camecia Cass
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QUESTION 1
(a) In a maximum of one A4 page, demonstrate with reference to
two court decisions how the principle of constructive dismissal
works in an employment environment.
(15)
Section 186(1)(e) reads:
‘Dismissal means that - … an employee terminated employment with or without notice because the
employer made continued employment intolerable for the employee’
In Solid Doors (Pty) Ltd v Commissioner Theron and Others it was considered that when the terms of
section 186(1)(e) are considered, three specific questions for resolution occur.
For constructive dismissal to be established, there are three requirements. 1
1
Solid Doors (Pty) Ltd v Commissioner Theron and Others.
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