Constructive Dismissal by Neglect: Lessons from the Makombe Case

Constructive Dismissal by Neglect: Lessons from the Makombe Case

On 28 March 2025, the Labour Court delivered its decision in Makombe v Cape Conference of the Seventh-day Adventists.  The court held that the claimant pastor was constructively dismissed – even though she resigned of her own accord. The judgment confirms that an employer can be held liable not only for direct mistreatment, but also for passively allowing a toxic work environment to fester. Constructive dismissal The Labour Relations Act, 1995 d…