Thank you for the 100th milestone and the suggestion of bypassing internal processes. I’ve read the input from Patrick and tend to agree with him. It becomes very difficult to prove that the only route the employee could have taken was to resign. There are clearly other routes such as the internal mechanism and or referral to external dispute resolution bodies such as the CCMA.
In essence a person relying on constructive dismissal has to show that the behaviour evidenced by the employer was so egregious that no one could have been expected to stay in the employ and this must be coupled with the fact that there was no other reasonable route that that employee could have followed.
Therefore I strongly believe that the scenario painted is definitely not a constructive dismissal.
