Mogomatsi v Goredema N.O. and Others (C560/2019)
Mogomatsi v Goredema N.O. and Others (C560/2019) [2022] ZALCCT 20; (2022) 43 ILJ 2063 (LC) (4 May 2022)
The Court found that the Commissioner erred by ignoring undisputed evidence of the applicant's mental ill-health and by failing to consider its impact on the intolerability of the employment relationship. The objective test for constructive dismissal must encompass the employee's mental health condition when assessing whether the employer's conduct rendered continued employment intolerable. The employer's failure to address the applicant's depression and anxiety, and its insistence on disciplinary action rather than incapacity proceedings, contributed to an intolerable environment. The applic…
Source excerpt
- Constructive Dismissal
- Mental Health In Employment
- Reasonable Employee Standard
- Incapacity Due To Ill Health