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Labour Court rules in favour of woman pastor forced to quit over sexism in church
A woman pastor who resigned from the Seventh Day Adventists Church after facing ongoing sexist abuse has won her case of constructive dismissal in the Labour Court.
Judge Tapiwa Gandidze ruled that Lerato Makombe was forced to leave her post due to a toxic and discriminatory environment where church elders and members openly opposed her role as a female pastor. She found that the church not only failed to protect Makombe but effectively enabled the abuse by refusing to act.
Hostility, humiliation and no support from church leadership
Makombe began working for the Cape Conference of the Seventh Day Adventists Church in 2014. Over the years, she was transferred multiple times without consultation and faced resistance at several congregations.
Her final placement in George in 2019 marked a breaking point. Congregants told her they could not accept a woman in pastoral leadership, citing their religious and biblical beliefs. Despite being told she would be supported, Makombe continued to face hostility from both congregants and church elders. She was barred from performing certain duties and publicly humiliated in WhatsApp groups.
She reported the harassment to the church leadership on several occasions, but they took no meaningful action to help her. Instead, she was branded a complainer. The judge noted that while Makombe remained strong throughout, “everyone has a limit.”
Eventually, her mental health deteriorated, leading to hospitalisation. She resigned in November 2020 to protect herself from further harm.
Court rejects earlier CCMA ruling, orders payout
The Commission for Conciliation, Mediation and Arbitration (CCMA) had initially dismissed Makombe’s case. But Judge Gandidze overturned that ruling, finding that the church failed to uphold its duty as an employer.
“The employer demonstrated, over a period, that it was either unwilling or unable to address the challenge of congregants opposed to a female pastor,” the judge said. “Makombe could not be expected to endure the intolerable conditions indefinitely.”
The court ordered the church to pay Makombe 12 months’ salary — around R256,000 — within 20 days and cover her legal costs. The judge criticised the church’s inaction, saying it “folded its hands and allowed her to fend for herself under the guise that it could not tell congregants what to do.”
Even after transferring her to Gqeberha, the move was done without consulting her, and the court ruled this was further evidence of poor handling by the church.
Judge Gandidze, who has been recommended for permanent appointment by the Judicial Service Commission, said the church’s treatment of Makombe stood in direct conflict with its values of compassion and care.
“All employers — including churches — are subject to labour laws,” she concluded.
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Sourced:African Insider
Picture: IOL
