BACKGROUND FACTS

This was a review from the Commission for Conciliation, Mediation and Arbitration (“CCMA”) where the CCMA dismissed Lerato Makombe’s (“Applicant”) referral for constructive dismissal.

The Applicant alleged that the Cape Conference of the Seventh Day Adventists (“First Respondent”) transferred her to a different church branch as a minister, where she was not accepted by the congregation due to her being a female. She further alleges that the congregation was hostile towards her, which made her employment difficult. The Applicant suffered from mental illness and the hostility towards her severely impacted her mental health.

The Applicant informed the First Respondent of the hostile working environment, and the First Respondent failed to address her grievance timeously. This led to the subsequent resignation of the Applicant to avoid further mental strain which could result in a mental breakdown.

The Labour Court (“LC”) in this matter held that the commissioner erred in finding that constructive dismissals are limited to situations where the employer acted intentionally in an oppressive manner and that, rather, an act of omission by the employer can make the continued employment intolerable.

The LC found that the Applicant could not continue to stay in such working environment and since the First Respondent omitted to address any of her concerns, the Applicant was constructively dismissed.

The LC set aside the CCMA award and awarded the Applicant 12 months’ compensation, together with legal costs.

CONCLUSION

The LC ruling has reinforced the principle that constructive dismissal is not solely dependent on deliberate oppressive actions but can arise from an employer’s negligence or failure in addressing employee grievances.

This decision serves as a reminder to employers that they must take appropriate timeous action when employees report grievances.

The full judgment can be downloaded below from SAFLI.

Please note: this article is for general public information and use. It is not to be considered or construed as legal advice. Each matter must be dealt with on a case-by-case basis and you should consult an attorney before taking any action contemplated herein.