Gold One Limited v Madalani and Others

Ms Nonkululeko Madalani was employed by Gold One Limited as a Contract Manager from January 2013. Following a merger, she was transferred from head office to Gold One’s Modder East mining operation in May 2014, with no change to her contractual terms and with a relocation allowance. Gold One offered transferred employees a mutual separation package; Ms Madalani declined and remained employed. Subsequently, disputes arose regarding timekeeping, clocking-in requirements, and attendance at an induction and counselling session, which Ms Madalani perceived as attempts to change her conditions of employment and force her exit. She refused to comply with certain instructions and to attend counselling. On 11 August 2014 she did not report for duty and instead referred a dispute to the CCMA, alleging constructive dismissal. The CCMA commissioner found that she had been constructively dismissed. Gold One brought a review application to the Labour Court.

The review application succeeded; the CCMA arbitration award was reviewed and set aside on the basis that there was no constructive dismissal and therefore the CCMA lacked jurisdiction.

The case reinforces that constructive dismissal is a jurisdictional fact requiring a de novo determination by the Labour Court on review. It affirms the high threshold for intolerability in constructive dismissal claims and clarifies that reasonable operational instructions and disciplinary processes do not, without more, amount to intolerable conduct.