The Labour Appeal Court overturned a ruling that an ethical hacker at Sanlam was constructively dismissed, finding he resigned voluntarily and had not proven intolerable working conditions. Mental-health arguments raised only at review were rejected, with the Court confirming that incapacity and constructive dismissal must not be conflated. The CCMA’s original finding was restored, offering clarity on mental-health claims in dismissal disputes.

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The Labour Appeal Court in CCI Call Centres (Pty) Ltd v Pinn [2025] ZALAC 24 upheld an employee’s dismissal for gross insubordination and insolence after he refused to process payroll codes and insulted the CFO. The Court ruled reinstatement inappropriate due to the breakdown of trust, criticising the Labour Court for re-hearing the case instead of applying the reasonableness test. The Arbit­rator’s one-month compensation award was reinstated.

Effective management of poor performance is key to business sustainability. Learn structured steps to maintain fairness and productivity.

Understanding the complexities of insubordination in South African workplaces through respectful communication and clear guidelines.

Insolence vs. insubordination: Understanding fair dismissal in South African workplaces when derogatory remarks are involved.