It doesn’t always begin with a big fight. Or a slam of the office door. Sometimes, it starts quietly. A weird shift in tone. Fewer greetings. Fewer smiles. Then slowly—coldness, confusion, chaos.
You’re not fired. But you’re definitely not okay. That’s the storm before constructive dismissal.
What’s Constructive Dismissal Anyway?
It’s not a normal kind of quitting.
You resign, sure. But not because you wanted to. Not because of better pay elsewhere or career growth. You resign because staying became impossible.
Constructive dismissal happens when your employer makes the work environment so toxic, so unbearable, that you’re basically forced to leave.
They don’t hand you a dismissal letter. No formal pink slip. But the outcome’s the same. You’re out. Not because you were fired—but because they pushed you there.
How It Looks in Real Life
It’s not always big, loud drama. Sometimes it’s small stuff. But it builds.
You might get moved to a new position without your say. Suddenly. No warning.
Your pay gets cut. Just like that.
The boss stops talking to you. Or starts talking at you.
Maybe you’re bullied. Humiliated.
Your workload triples overnight. No one helps. You barely breathe.
It gets worse. HR turns a blind eye. Colleagues avoid eye contact. You feel like a ghost. Or worse—a problem.
Eventually, you say, “I can’t anymore.”
And that? That’s constructive dismissal staring you in the face.
Legally Speaking
The law in South Africa sees it too. The Labour Relations Act says if you resign because your employer made your job unbearable, it can count as dismissal.
Not every bad day counts. But if work was seriously, consistently intolerable—and your boss was the cause? That’s a case.
Still… the weight’s on your shoulders. You gotta prove it.
What You’ll Need to Prove
This is where it gets heavy.
You’ll have to show that:
The workplace got that bad. Intolerable. Not just annoying. Or frustrating. But impossible to stay in.
That you tried. Maybe complained. Sent emails. Asked for help.
That you didn’t have a choice. It wasn’t a dramatic exit. It was survival.
And that it was your employer’s actions that pushed you there. Not your personal life. Not misunderstanding.
You’ll need receipts. Paper trails. Anything that shows what went down.
Sipho’s Story
Let’s bring it closer.
Sipho worked in a warehouse in Durban. Good guy. Quiet. Hardworking.
Then, the new supervisor showed up.
Started micromanaging everything. Called Sipho lazy in front of the team. Changed his shifts so he barely saw his kids. Gave promotions to less qualified staff. When Sipho complained? HR brushed him off. Said he’s being sensitive.
Weeks passed. Months maybe. Sipho stopped eating properly. Dreaded Mondays. Slept badly. Lost weight.
He finally resigned.
People said, “Why’d you quit without a job lined up?”
He didn’t answer.
But truth is—he didn’t quit. He was forced out. That’s what constructive dismissal looks like. It breaks people.
Why Employers Do It
Sometimes, employers don’t want to go the “official” route of firing someone.
Too risky. Too many rules. Too many complaints.
So, they do something worse. They quietly push. Nudge. Humiliate. Exhaust you until you walk out on your own.
That way, they avoid paying you retrenchment benefits. No unfair dismissal claim. No hassle.
It’s a dirty game.
But the law sees it.
Before You Resign: What To Do
Here’s where you need to be strategic.
Start gathering evidence. Save emails. Keep records of strange meetings. Screenshot messages. Write a journal if you have to.
Raise a formal grievance. Even if HR feels useless. Put it in writing. You’re laying groundwork.
Talk to someone. A union. A lawyer. Even Legal Aid. Don’t try do it all on your own.
And unless it’s eating your soul—hold on. Build your case while you’re still inside. If you gotta leave, make sure you’re leaving smart.
After You Resign: Now What?
The clock starts ticking.
You’ve got 30 days from the day you resign to go to the CCMA. That’s the Commission for Conciliation, Mediation and Arbitration.
Don’t wait. Don’t overthink.
Take your evidence. Write a referral. Submit. The CCMA tries to mediate first. If that fails, they set a date for arbitration.
They’ll look at your case. Ask questions. You tell your story.
If they agree it was constructive dismissal, they might offer compensation. Could be months of salary. Maybe even reinstatement—though that’s rare.
Still, it’s justice.
What If You Don’t Win?
Happens. Sometimes the case doesn’t stick.
Maybe the evidence isn’t strong enough. Maybe the employer had counterproof. It sucks.
But still—speaking up matters. Resisting matters. Taking action matters.
You walk out knowing you didn’t just vanish. You stood up.
You can also take it to Labour Court, if you’ve got support. Or just move on. Heal. Build again.
Things People Get Wrong
Let’s iron out a few lies.
“Resigning means I can’t claim anything.” Nope. Not if it was constructive dismissal.
“I don’t need proof. My word is enough.” Sorry. Not in legal stuff.
“I missed the deadline. Too late.” You’ve got 30 days. Don’t miss it.
“All toxic jobs are constructive dismissal.” Sadly, not true. It has to reach intolerable levels.
Final Words
Leaving a job shouldn’t feel like escaping a battlefield. But sometimes it does.
If your workplace became a source of pain, stress, even trauma—it’s okay to walk away. Just don’t walk away quietly. Or clueless.
Learn. Prepare. Act smart.
You deserve better.
And constructive dismissal? It’s not just a legal term. It’s a way to say: this wasn’t fair, and I won’t just let it slide.
You’re not weak for leaving. You’re brave for surviving.
Where You Can Turn for Help
- CCMA – www.ccma.org.za
- Legal Aid SA
- Your trade union – They know the process.
- Department of Labour – Free advice.
- Private labour lawyers – If you can afford.
Even one conversation can make a difference.
