CONSTRUCTIVE DISMISSAL CONFIRMED IN LANDMARK CASE AGAINST RELIGIOUS EMPLOYER

By Johnny Goldberg The judgment in Makombe vs Cape Conference of the Seventh Day Adventist and Others (C04/2023) [2025] ZALCCT 19 marked a significant moment for labour law in religious institutions, where the Labour Court set aside a CCMA award and found that the employee was constructively dismissed by her employer. The employee, a former pastor employed…

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DISCRIMINATION

Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis. The Labour Court recently considered a case of alleged discrimination for religious reasons. ·  In 2018, the Constitutional Court (CC) decriminalised the cultivation,…

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