The Cape Town Labour Court has ruled in favour of Lerato Makombe, a former pastor at the Cape Conference of the Seventh-day Adventist Church, in a significant constructive dismissal case.
The ruling reverses a prior dismissal of her claims and essentially acknowledges that the church failed to effectively address the hostile working conditions that drove her to resignation in November 2020.
In a lengthy verdict, Acting Judge T Gandidze found that the church's failure to address Makombe's numerous grievances, ranging from gender discrimination to hostile reactions from congregants, culminated in creating an intolerable working environment. Notably, the court highlighted how repeated and unilateral transfers made without consultation exacerbated her distress and contributed to her resignation.
Makombe began her journey with the Cape Conference in January 2014, serving in various pastoral roles for nearly six years before resigning amid claims of systemic injustice. The details outlined in the court judgement reveal a trajectory marked by struggles with mental health linked to job stressors and adversity faced as a female leader in a faith community.
A precedent for gender equality in religious leadership
Her troubles began shortly after her appointment as a pastor. Makombe faced significant hostility in congregations where the belief systems were not aligned with a female pastor leading, particularly during her assignments in Queenstown and George. After being subjected to a barrage of negative reactions from congregants, including a refusal to accept her leadership, Makombe documented her grievances, seeking help from her employer to no avail.
The court recognised Makombe's mental health challenges resulting from work-related stress and validated her resignation as a necessary step to safeguard her well-being. Medical reports corroborated her struggles with anxiety and depression, substantiating claims that her working conditions were detrimental to her health.
Central to the judgment was the employer's failure to provide an environment of support, particularly in addressing gender discrimination. Although it was clear that Makombe's workplace experienced wider systemic issues concerning the acceptance of female leaders, the Cape Conference's inability to rectify the situation led the court to conclude that Makombe had no reasonable option but to resign.
"The employer failed to address the issue of the congregants who were hostile towards Makombe," the judgement reads. "The congregants were under the employer's control. As an employer, it had an obligation towards Makombe, the employee, to 'do something' about the hostile work environment."
As a result of the findings, Makombe is entitled to compensation equivalent to 12 months' salary, totalling R256,416. The judge also awarded costs of the court proceedings, deeming this necessary given the chronic neglect shown by her employer during her tenure.
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