Constructive dismissal can be one of the most challenging issues an employer or employee faces. It happens when an employee feels they have no choice but to resign because the workplace has become unbearable. A recent Labour Court judgment provides excellent guidance on how these situations arise and what employers should do to protect both their people and their businesses.

One of the most helpful cases is Makombe v Cape Conference of the Seventh Day Adventists and Others (28 March 2025). You can read the full judgment here:
👉 Read the Makombe judgment

What the court said and why it matters

In this case, the employee had repeatedly raised concerns about hostility in her work environment. She felt unsupported and eventually developed serious stress-related health symptoms. When nothing meaningful changed, she resigned and claimed constructive dismissal. The court looked closely at how the employer responded to her concerns and found that the environment had become intolerable. The employer's failure to intervene in a real and practical way meant that the resignation amounted to an unfair dismissal.

This reminds us that constructive dismissal does not only happen because an employer acts badly. It can also happen when an employer does too little or fails to respond to ongoing problems in the workplace. The law looks at whether a reasonable person in the employee's position would have found the situation too difficult to continue working.

The case also shows how important it is for employers to respond to concerns, act when there are complaints and take medical or psychological impacts seriously.

What employers should take from this

As an employer, you may care deeply about doing things correctly but still find yourself exposed if your systems, policies or processes are not strong enough. Many constructive dismissal cases arise because concerns were raised but not handled, or there was no clear policy or process to guide the response.

Here are a few questions to ask yourself:

• Do you have an updated employment contract that reflects current law?

• Are your grievance, disciplinary and harassment policies clear, accessible and properly followed?

• Do your managers know what to do when an employee raises a concern?

• Do you record the steps you take when a workplace issue arises?

• Are you equipped to investigate fairly and consistently?

If the answer to any of these feels uncertain, that is where professional support makes a real difference.

How I support employers: ethical, professional and affordable

My work focuses on helping employers create healthy, respectful and legally compliant workplaces. I understand that small and growing businesses often have limited time and may feel overwhelmed by labour compliance. My goal is to give you clarity, confidence and practical support that fits your business.

Here is how I can help:

• Employment contracts that keep you protected

• I draft and review clear, compliant and up-to-date employment contracts that reflect recent court decisions and best practices.

• Harassment, sexual harassment and disciplinary policies

You can access ready-to-use, legally aligned workplace policies in my digital store. These include a harassment policy, a sexual harassment policy, a disciplinary code and a modern employment contract template. They are designed to give you certainty and protect your business.

👉 Browse my digital store:
https://www.legalassistsolutions.co.za/legal-assist-store

Guidance during workplace complaints

If an employee raises concerns or a grievance, I can guide you step by step. This includes advice on investigations, reasonable responses and how to protect both fairness and compliance.

Workshops and information sessions

I provide employer training and information sessions that help you and your team understand obligations, risks and best practice. This builds a culture of consistency and confidence.

Affordable legal opinions

If you are unsure whether a situation could amount to constructive dismissal, or if you want guidance before making a decision, I provide clear, practical and affordable written opinions.

Support for employees who feel pressured or unsafe

While my focus is on empowering employers, I also support employees who feel pushed out or unsure about their rights. If someone is thinking about resigning due to workplace pressure, it is important to seek guidance first. A well-timed legal opinion can prevent mistakes and help protect their rights.

Final thoughts

Constructive dismissal often arises quietly. It begins with small concerns that build up over time without a proper response. With the right policies, clear communication and guidance when issues arise, employers can prevent these situations entirely. Employees, in turn, benefit from healthier workplaces where they feel heard and protected.

My commitment is to walk this journey with you in a way that is ethical, professional and affordable. If you would like help drafting policies, reviewing contracts or navigating a workplace concern, I am here to support you.

About the Author

Melissa Opukiri
Admitted Attorney (Non-Practising) | Court-Annexed Mediator | Legal Consultant
Founder of Legal Assist Solutions – providing ethical, affordable, and practical legal resources for consumers, small businesses, NPOs, and churches across South Africa.