What must an employee proof for purposes of a claim of constructive dismissal?
• In order to prove a claim for constructive dismissal, the employee must satisfy the Court that the following three requirements are present: (i) The employee terminated the contract of employment (the employee has resigned). I will return to the contractual implication or importance of the factual allegation of a “resignation” in the discussion hereinbelow; (ii) Continued employment has become intolerable for the employee; (iii) The employer must have made continued employment intolerable. • I have already pointed out that that the statement of claim does not contain an express factual allegation or statement that the Applicants have resigned (as is expected in cases where a constructive dismissal is alleged) nor does the statement of claim contain a factual statement that it was the employer (the Respondent) who dismissed them as contemplated in section 186 of the LRA (excluding the forms of dismissal contemplated by sections 186(e) and (f) of the LRA). In paragraphs 6.34 and 6.35 i
