Posts Tagged ‘judgment’
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…
Read MoreRed means stop – LAC confirms appropriateness of dismissal based on totality of evidence
A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union (TASWU) obo Mzawi and Others considers an employer’s onus in proving the fairness of a dismissal for misconduct, particularly when it comes to the appropriateness of dismissal as a sanction. In its judgment,…
Read More