To Order or Not to Order Reinstatement as a Remedy for Constructive Dismissal

Abstract

The discussion in this analysis focuses only on reinstatement and determines whether it is an appropriate remedy for constructive dismissal given that termination of the contract takes place because of the employer’s intolerable conduct, leaving the employee with no other option but to resign. The discussion considers the concept of constructive dismissal, and reinstatement as a remedy for constructive dismissal in South Africa, and briefly looks at the position in the United Kingdom (UK).