In a striking judgment handed down on 28 March 2025, the Labour Court ruled that Pastor Lerato Makombe was constructively dismissed by her employer, the Cape Conference of the Seventh-day Adventist Church.
The decision confirms that even within religious institutions, employees are protected by labour law – and that a failure to act on workplace hostility and discrimination can amount to unlawful dismissal.
Years of Grievances and Transfers
Pastor Makombe, who began her employment with the Cape Conference in 2014, faced a litany of challenges.
She was assigned to congregations known to be hostile to women pastors and repeatedly transferred without consultation.
In Queenstown and later in George, congregants openly rejected her purely on the basis of her gender – stating it went against their religious convictions to accept a woman in the pulpit.
Despite reporting these hostilities and even obtaining a court interdict in 2017, the church failed to meaningfully intervene. Instead, she was moved from one district to another – from Bethel to Queenstown, to an unfulfilled transfer to Knysna, and eventually to George, where the harassment intensified.
Mental Health in Crisis in the church
The intolerable work conditions severely impacted Pastor Makombe’s mental health. She was diagnosed with major depressive disorder and hospitalised multiple times.
Her medical reports, which the court accepted as credible, directly linked her deteriorating health to workplace stressors.
Despite this, the church failed to provide adequate support or any pastoral care, even as she faced harassment, exclusion, and emotional trauma.
A Pattern of Neglect in the Church
Makombe’s concerns spanned years. She repeatedly wrote to church leadership, lodged CCMA disputes, and even pursued legal action – all in a bid to stay in her role while protecting her wellbeing.
One of her long-standing grievances was the failure to ordain her as an elder, a prerequisite to fully function as a pastor. The church did nothing, even though male pastors with lesser tenure were accommodated.
The Breaking Point
In 2020, while stationed in George, Pastor Makombe was humiliated on church WhatsApp groups, denied pastoral responsibilities, and excluded by church elders.
She again reported her circumstances to the church but was met with silence. Her psychiatrist warned of an impending relapse. On 8 November 2020, she resigned.
Court’s Findings
The Labour Court was unsparing in its critique. It ruled that:
- The church’s failure to intervene constituted a unilateral breach of the employment relationship
- The hostility was within the employer’s control.
- The cumulative effect of years of mistreatment and neglect rendered her continued employment objectively intolerable.
- Her resignation was not voluntary – it was a matter of survival.
Crucially, the court rejected the church’s claim that Makombe was the author of her own misfortune or that her gender was irrelevant to her treatment.
It noted that the church “accommodated congregants at Makombe’s expense” and “folded its arms” when action was required.
Broader Implications
This ruling is particularly significant as it confirms that religious organisations are not above labour law.
Churches – like all employers – have a legal duty to ensure safe and fair workplaces.
The case also highlights how gender discrimination can manifest in subtle yet systemic ways, especially when left unchecked.
A Victory for Many
Pastor Makombe’s case underscores the challenges women – especially in male-dominated sectors – face when asserting their right to equal treatment.
Constructive dismissal is notoriously hard to prove, but this judgment affirms that justice is possible when employers create or allow intolerable conditions to persist.
HAVE YOU EVER EXPERIENCED WORKPLACE DIFFICULTIES THAT WENT ON UNNOTICED?
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