25/04/2026
Constructive dismissal is a serious consideration for many employees, although some may be unaware of this option, and employers often share this lack of awareness. The CCMA takes constructive dismissal claims very seriously if proven during arbitration. This occurs when an employee's working conditions become so intolerable that resignation is the only viable option. Upon resignation, the employee must explicitly state that it is due to constructive dismissal. The onus is on the employee to provide proof, such as emails, communication records, and witness testimony, to substantiate their claim at the CCMA, but not at the time of resignation. Constructive dismissal is treated as a resignation, but the presentation of a solid case, supported by vital evidence and documentation of grievances lodged with the employer, is crucial. Many employees resign without realizing they have the option of claiming constructive dismissal, and thorough documentation of their case is essential. During arbitration, employees can be represented by a union member, colleague, or external counsel.