When does it become constructive dismissal?

[thestaggy]

Long story short: Our company is consolidating two branches, with one of the branches set to be impacted the hardest. On average, employees from the affected branch are looking at a 45km (one way) increase in their travel, with the very obvious affect this while have on finances (cost of petrol, maintenance) and quality of life (time in traffic, earlier departures from home, later arrivals at home). Keep in mind that there are already employees traveling 40km+ to work as it is, this move will see them doing 160km+ a day.

Company appears reluctant to compensate employees for increased travel expenses, citing the impacts of COVID and the rioting (which is true, but also very convenient), and won't consider WFH/hybrid work model where possible.

Employees have outright been asked if they are ''willing to travel''. There is a feeling that we are being re-interviewed for our jobs with the travel issue being a prominent question.

They are basically making it a case of take the job under these conditions or go. Would this not be constructive dismissal? Creating working conditions that are so uncomfortable that people are considering resigning.

 

[rietrot]

We had a similar situation. If you cannot travel you can be retrenched.

 

[R13...]

Doesn't look like constructive dismissal. People travel longer than that to and fro work daily. You'd probably not have a leg to stand on even if they moved provinces and offered you relocation.

 

[Brawler]

Nope

 

[Tman*]

Constructive dismissal is very hard to prove, and this isnt even close.

 

[thestaggy]

We had a similar situation. If you cannot travel you can be retrenched.

Pretty much how I see it playing out if I am honest.

 

[thestaggy]

Doesn't look like constructive dismissal. People travel longer than that to and fro work daily. You'd probably not have a leg to stand on even if they moved provinces and offered you relocation.

I am aware of that, but that is likely something that is taken in to consideration when first applying for a job. Distance to and form work is one of the major points when applying for and accepting a job, primarily because of the financial implications. Salary and distance will likely go hand-in-hand. The more the pay, the more you are willing to travel if relocation is not an option.

 

[NickMbande]

In this case you don't have much to work with, as your company will base its decision on the operational well being of the business, legally its not obliged to pay you for the extra distance that you are now faced with. the only possible option would be to negotiate to work from home on certain days, to reduce your spend but ultimately, they can decide No if they want. If you decide not to travel, you could face internal disciplinary charges. As far as constructive dismissal goes, it doesn't apply here at all and to be honest, i dont see you winning that one. Goodluck!