Home › Forums › Labour Law Debate › DOES A THREAT TO REPORT A CASE TO THE POLICE CONSTITUTE CONSTRUCTIVE DISMISSAL? › Reply To: DOES A THREAT TO REPORT A CASE TO THE POLICE CONSTITUTE CONSTRUCTIVE DISMISSAL?
No – the employer has a clear right, if not a civic obligation, to report a crime such as the alleged fraudulent misrepresentation to the SAPS. It may be perceived as a “threat” to persuade the employee to sign the MSA – but it’s not unfair or unlawful if the accusation is legitimate. If it’s not, the threat could itself constitute a crime of intimidation.
In this case, the fact that the employee hastily signed the MSA in response to the threat is a telling sign that the threat was probably legitimate – and it reveals of a guilty frame of mind.
- This reply was modified 1 month, 2 weeks ago by Patrick Deale.