Tests to prove constructive dismissal in Tanzania.

These are conditions which court and law outlined for one to won a case for Constructive Dismissal must meet these condition below:
If you fired for constructive dismissal you must prove in the court of law, and court will take into consideration the following tests which emanated from case of Mafomane v Rustenburg Platinum Mines Ltd [2003] 10 BLLR 999, the court set the following tests which the employee need to prove to establish constructive dismissal;

🔴That the employee terminated the contract;

🔴That the continued employment was intolerable;

🔴That the intolerability was of the employer’s making; and

🔴The employee resigned as a result of the intolerable behaviour of the employer…

These tests reflected in rule 7 of the Employment and labour Relations Act (Code of Good Practise) Rules 2007.

What is difference between wrongful dismissal and constructive dismissal?
Wrongful dismissal this occurs when employer terminates an employee without just cause or without following the terms of contract.

This typically involves violations of labor laws.

Constructive dismissal this happens when an employee resigns from their job due to unbearable working conditions created by employer.

However, both are forms of unfair termination of contract of employment.