Description
Clerical mistake – clerical error – constructive termination – making employment introlerable – onus to prove constructive termination – imperative questions for determining constructive termination.
- Correction of a clerical mistake or error – arbitrator cited a wrong year of enactment of a statute in an award – the error is curable and will not cause the award to be revised by the Labour Court.
- Constructive termination – imperative questions for determining constructive termination.
- Constructive termination – the onus to prove constructive termination rests on the employee to prove that resignation was not voluntary and that it was not intended to terminate the employment relationship.
- Employee resigned because, allegedly, he was insulted by the director – that does not make the employment intolerable, hence no constructive termination.
