Constructive dismissal arising from work-related stress: National Health Laboratory Service v Yona & Others

Abstract

From text: The issue of whether an employee can claim constructive dismissal due to work-related stress in terms of the Labour Relations Act (LRA)1 is central to the discussion of this case note. The Act defines dismissal as termination of a contract of employment by an employee with or without notice, because the employer made continued employment intolerable. Consequently, in instances of conventional dismissals, as discussed above, it is up to the employer to prove that the dismissal was procedurally and substantively fair.