Question:

I was forced to resign over an issue that was beyond my control and should of got a warning for. I was called in and given an ultimatum(sic) of either resign and retain my salary for end march (which I need because my wife isn’t working due to illness) or the company will have a hearing where I will be dismissed.

I don’t feel that this was fair and would like to know if there is any recourse.

Answer:

Yes there is recourse via a referral to the CCMA called constructive dismissal whereby you will have to prove that you were forced to resign due to intolerable working conditions and/or threats etc… However in my experience these are the hardest cases to win for the ex-employee as you will need valid proof that you were given an ultimatum and forced to resign. Is anyone from the company going to admit that they forced you? Not a chance! Did they give you a written ultimatum? I don’t think so. Did they physically force you to write out your resignation? Don’t think so. Unfortunately life in the business world is “doggy dog” and I have often used similar tactics to “resolve” certain issues for my clients. So unless you have solid proof I suggest you move on with your life and notch this up as a lesson.

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