- Lewis was constructively and unfairly dismissed after the employer mishandled medical leave and reversed prior approvals.
- Internal grievance procedures were deemed unreasonable, given the total breakdown of trust.
- The Court emphasised that employers must act in good faith and follow fair procedures when responding to employee illness and accommodation requests.
Adele Lewis, the former Chief Performance Officer at Van De Venter Mojapelo (Pty) Ltd, resigned in late 2023, claiming constructive dismissal. This followed the employer’s withdrawal of remote work privileges and mishandling of her medical leave.
Lewis relocated from Gauteng to Cape Town in 2020 with the company’s approval during the Covid-19 lockdown, believing the arrangement was permanent. The employer later demanded her return to Gauteng due to operational needs. Lewis requested to postpone her return for personal and medical reasons, and was later booked off for anxiety and depression.
Court’s assessment of constructive dismissal
Acting Judge PS MacKenzie carefully examined the circumstances surrounding Lewis’s resignation. The court reiterated the Labour Appeal Court’s standard for constructive dismissal. “The test,” the judge said, “is objective... the employer’s conduct and its cumulative effect must be such that, seen objectively, the employee could not reasonably be expected to cope. Resignation must have been a reasonable step for the employee in the circumstances.”
The judgment highlighted that the employer’s approach escalated tensions. The court found that compassion was replaced with confrontation, turning a medical issue into a disciplinary dispute. The employer’s sudden reversal from acceptance to accusation, the court said, destroyed any remaining trust.
The court noted that what should have been a routine sick-leave process became the decisive rupture that made continued employment intolerable. Managerial overreaction and inconsistency, the court found, resulted in a total breakdown of the employment relationship.
The court concluded that any internal grievance procedure would have been futile and would not have provided Lewis with a reasonable alternative remedy.
Review of the CCMA award
The CCMA commissioner found that Lewis was not constructively dismissed. Lewis challenged this, stating the commissioner ignored crucial evidence and misapplied legal principles. The employer argued that Lewis resigned voluntarily and had other options.
Judge MacKenzie disagreed with the commissioner, stating that the employer’s sudden change in medical leave and withholding of salary breached the implied term of mutual trust and confidence. While ending remote work was lawful, the manner in which the employer handled Lewis’s illness and leave request was unreasonable.
Conclusion and award
The court replaced the CCMA award with a ruling that Lewis was constructively and unfairly dismissed. She was awarded R310 571.19 in compensation, covering lost salary and three months’ pay. Each party was ordered to pay their own costs.
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