In the first part of this article I briefly discussed the background and some of the check-points with respect to a constructive dismissal. In the second I sought to show how a case of constructive dismissal can present itself in a typical work space. I conclude the article by suggesting some practical lessons to consider for the future. Firstly, taking into account the first two parts of the article, it is useful to have a robust in-house system of allowing employees to raise issues, and have them resolved. I do remind myself of one organisation's grievance management system which had 12 pages - an aggrieved employee was required to complete it before management could commence resolving the grievance.
The process ought to be fast, simple and effective, as the saying goes. It must also be reasonably understood and capable of use by the general body of employees. A system which is for example complicated judging by the skills-mix of the organisation’s workforce, or requires a lot of form-filling or a lot of signatories, or requires too many stations and levels of managerial hands to have a go at resolving an issue, will not likely meaningfully assist the organisation.The A-Z of the system must therefore be capable of dealing with grievances such that the matter is concluded within a reasonable time. This must take into account aspects such as the nature including the complexity of the grievance, the resources and other inputs required to resolve it, and the need to balance this with other equally important business imperatives on the table.
