Ivan Israelstam | Chief Executive | Labour Law Management Consulting | mail me |
When an employee proves that their resignation was not voluntary but forced by the employer’s conduct, it becomes a constructive dismissal.
The case of Makombe
In the case of Makombe vs Cape Conference of the Seventh Day Adventists (Lex Info, 28 March 2025, Labour Court case number CO4/2023), Makombe – a female pastor – raised several workplace complaints. A key issue was that congregants in certain locations rejected her because she was a woman.
Although the employer addressed some earlier grievances, it failed to act on her most recent complaint.
In George, congregants mistreated her, and the employer took no steps to intervene. As a result, Makombe resigned and filed a constructive dismissal claim at the Commission for Conciliation, Mediation and Arbitration (CCMA). The arbitrator dismissed her claim. The decision was based on the employer’s limited efforts to support her and her inability to prove that work alone caused her stress.
However, the Labour Court disagreed. It found that the employer did nothing to stop the George congregation’s mistreatment. This led to humiliation and emotional hardship. Makombe had no reasonable option but to resign, as the conditions caused severe depression.
Preventing constructive dismissals through legal awareness
The court ordered the employer to compensate her with 12 months’ remuneration and pay her legal costs. The compensation exceeded a quarter of a million rand.
If the employer had intervened in George – for example, by sending a senior church official to speak to the congregation – the outcome could have been different. Instead, it appears the employer avoided action to prevent upsetting the George congregation.
This failure shows a lack of understanding about the employer’s legal duty to ensure a safe working environment. Proper training in employment law would have helped the employer prioritise employee support and avoid costly legal consequences.
