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.

The Labour Appeal Court in SACCAWU v Putini re-affirmed that labour disputes must be resolved swiftly and that unions and employers may not abuse procedural rules to delay justice. After years of litigation over a 2010 dismissal and a CCMA reinstatement award made an order of court under section 158(1)(c) of the LRA, the LAC upheld the appeal but confirmed the employee’s right to reinstatement and ordered SACCAWU to pay costs.