n Stellenbosch Law Review = Stellenbosch Regstydskrif - Constructive dismissal and repudiation of contract : what must be proved?




An examination of South African case law demonstrates that the link between constructive dismissal and common law repudiation of contract has been severed, and a new concept of constructive dismissal has been created unrelated to repudiation of contract. English case law demonstrates that this is not the case in England, as well as the fact that what an employee needs to prove in a constructive dismissal case (based on the common law) is the same as what such employee needs to prove in terms of legislation.

The result is that in South Africa, even though the purpose of legislation was to extend protection for employees, there may be instances where an employer would escape liability for constructive dismissal in terms of legislation but not in terms of the common law.


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