Rachel Kolisi, co-founder of the Kolisi Basis and its just lately resigned CEO, is taking authorized steps towards the very organisation she helped construct.
Resignation That Wasn’t Actually a Resignation
However this isn’t only a story of a high-profile exit. Rachel has introduced a declare earlier than the Fee for Conciliation, Mediation and Arbitration (CCMA), citing constructive dismissal – a authorized time period few perceive, but one which lies on the coronary heart of numerous unresolved office disputes in South Africa.
The Rachel Kolisi resignation departure, initially assumed to be tied to private issues – together with her divorce from Springbok captain Siya Kolisi – has now taken a extra severe flip.
On 25 March, Rachel filed formal papers with the CCMA underneath part 186(1)(e) of the Labour Relations Act, alleging that the Basis made her working situations so insupportable, she had no alternative however to depart.
What Is Constructive Dismissal?
Constructive dismissal happens when an worker resigns not out of want, however as a result of their employer’s conduct has made continued employment insufferable.
Legally, it’s handled as a type of unfair dismissal, the place the resignation is seen as a breach of contract by the employer, not the worker.
In her CCMA referral types obtained by Day by day Maverick, Kolisi states that she is looking for “reinstatement and/or compensation” – a key indication that, however for the insupportable circumstances, she would have most popular to stay in her position. In line with her criticism, the breakdown occurred on 28 February 2025, possible the date she felt compelled to resign.
Behind the Boardroom Curtain
What makes this case significantly advanced is the governance construction of the Kolisi Basis itself. Although co-founded by Rachel and Siya, the muse is run by a board that features high-level figures from the authorized, sports activities, and enterprise sectors. This consists of Hannah Sadiki, chair of the muse and CEO of Bidvest Monetary Companies and Managing Director at Bidvest Financial institution, in addition to Mahlatse Mashua, Managing Director at Roc Nation Sports activities Worldwide South Africa, amongst different key notable individuals.
As with all formal non-profit organisation, the CEO finally solutions to the board. In such a construction, disagreements over path, management model, or governance tasks can lead to strained working relationships – typically to the purpose of breakdown.
The Authorized Precedent: A Excessive Bar to Clear
Whereas Rachel Kolisi’s allegations are vital, proving constructive dismissal in South Africa is notoriously tough. Case legislation – from Murray v Minister of Defence to Jooste v Transnet – requires that the employer’s conduct be so severe that no cheap worker could possibly be anticipated to endure it.
Importantly, courts and tribunals assess the cumulative impact of the employer’s conduct, not simply remoted incidents. Whether or not it’s unilateral demotion, unexplained restructuring, persistent bullying, or exclusion from decision-making, every case relies on information, context, and the worker’s lived expertise.
What Occurs Subsequent For Rachel?
Rachel Kolisi’s case will first undergo conciliation on the CCMA – a course of the place each events are inspired to succeed in a compromise. If this fails, the case will proceed to arbitration, the place a proper ruling could also be issued.
Rachel’s inclusion of “reinstatement” as a treatment suggests she stays open to returning – ought to the situations that led to her departure be addressed.
A Highlight on a Systemic Subject
Rachel’s case could also be high-profile, nevertheless it’s emblematic of a bigger systemic problem. Constructive dismissal instances usually go unheard as a result of many staff both don’t know their rights or worry additional victimisation.
Because the case unfolds, it’s more likely to shine a much-needed gentle on this murky space of South African labour legislation—and maybe push organisations, particularly these working within the public curiosity, to uphold not solely governance and accountability – however dignity and equity within the office.
WHAT DO YOU THINK ULTIMATELY LED TO THE RACHEL KOLISI RESIGNATION?
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