South Africa: Labour Appeal Court clarifies the requirement for a claim of constructive dismissal based on mental ill health

It is generally accepted that the onus on an employee to prove a constructive dismissal is heavy.
In the recent Labour Appeal Court case of Sanlam Life Insurance Ltd v Mogomatsi and Others the Court has ruled that an employee who alleges constructive dismissal based on mental ill health must prove that the employer knew or ought to have known of the existence of the mental ill health.

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