Reply To: BYPASSING INTENAL PROCESS IN CONSTRUCTIVE DISMISSAL CASES

Home Forums Labour Law Debate BYPASSING INTENAL PROCESS IN CONSTRUCTIVE DISMISSAL CASES Reply To: BYPASSING INTENAL PROCESS IN CONSTRUCTIVE DISMISSAL CASES

#14083
Ingrid Lewin
Keymaster

Although an employee is not legally obliged to exhaust internal remedies before claiming a constructive dismissal, the employee must prove that resignation was the only viable option which includes showing that internal grievance procedures were exhausted or would have been futile. In the absence of evidence proving the latter, proving that resignation was the only viable option will be difficult.