Description
Constructive termination – employee’s termination – voluntary resignation – employment intolerable – psychological torture – workplace discrimination – workplace harassment – irritating statements – proof of general damages.
- Constructive termination is based on employee’s termination or voluntary resignation but this termination or agreement to resign is instigated or caused by the actions of the employer – Rule 7(1) of the Employment and Labour Relations, Code of Good Practice] Rules GN,No, 42 of 2007.
- Constructive termination takes place where an employee terminates the employment or agrees to termination but this termination or agreement was prompted or caused by the conduct of the employer.
- Constructive termination – the fact that the employee was caused to terminate his employment as a result of employer’s action means that the termination was at the initiative of the employer.
- Evidence that the employer made employment intolerable – calling the employee “black man” which psychologically tortured and harassed the employee – discrimination – humiliation – hostility of the employer against the employee – change of jobs from credit legal officer to working as a front desk secretary – threats of insubordination when the employee refused the offer of a new job – racial slurs – throwing irritating statements against the employee –
- South African labour laws are in pari materia with Tanzanian labour laws.
- The employee was awarded general damages in the sum of TShs. 90,000,000/- due to gravity of discrimination and injuries suffered.
- General damages remedy is monetary recovery for injuries suffered or breach of contract for which there is no exact money value that can be calculated. It can include pain, suffering, and shortened life of expectancy or loss of the companionship of a loved one.
- Proof of general damages – medical report showing that the employee was suffering from generalized anxiety disorder, poor sleep, nervousness, poor concentration – a form of mental illness – as a result of discrimination and intolerable working conditions.
