I am currently employed outside of Gauteng as a sales person, however as Gauteng did not have representation i stepped in and started working there as well as in my area. I also started discussions around the possibility of moving to Gauteng and operating from there which made good business sense. while i was away on training an agency was given the go-ahead to operate in Gaueten and on my return was informed of the change and that i must hand over, ie merely had to walk away from there (this area brought in half of my sales). I raised serious question around this but it was a done deal already and could not be reversed. I did negotiate that i keep at least 2 of the current clients, however i see that on one of my current sale installations the new company rep will participate.
I would like to know if i can pursue constructive dismissal as i am not earning enough and it has changed my perception of the company. I dont want to be emotional and negative so want to challenge these changes maturely and offer alternatives, or ask if they will release me from my contractual obligations of returning funds spent on me for training. I am loathe to just walk away though, then do i just accept as is now....?
With constructive dismissal, you would have to prove that the workning conditions were intolerable, that these conditions were created by your employer, that the conditions were created to get you to resign and that there is no prospect that the conditions will improve in future. The onus is on the employee to prove constructive dismissal. Its not easy to prove, and those considering resigning should think very carefully if they want to allege constructive dismissal.