Rachel Kolisi, co-founder and the recently resigned CEO of the Kolisi Foundation, is now pursuing legal action against the very organization she helped build.
This isn’t just a case of a high-profile resignation; it has evolved into a serious legal battle.
The Resignation That Raised Eyebrows
Initially, Rachel’s resignation from the Kolisi Foundation was linked to personal matters, such as her divorce from Springbok captain Siya Kolisi.
However, recent developments have shed new light on her departure, revealing deeper issues within the foundation.
On 25 March, Rachel filed a formal complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA), citing constructive dismissal, a legal term that refers to situations where an employee feels forced to resign due to unbearable working conditions.
Understanding Constructive Dismissal
So, what exactly is constructive dismissal? Essentially, it happens when an employee resigns not by choice, but because their employer’s actions have made the work environment intolerable.
In such cases, the resignation is considered a breach of contract by the employer, not the employee.
Rachel Kolisi’s claim suggests that she was left with no choice but to leave her role at the foundation, and she’s seeking “reinstatement and/or compensation” as a remedy.
This indicates that, under different circumstances, she might have preferred to continue in her position.
Tensions Behind the Scenes
The Kolisi Foundation is not just a small, close-knit team.
It operates with a formal governance structure led by a board that includes prominent figures from various sectors, including business, sports, and law.
Key board members include Hannah Sadiki, CEO of Bidvest Financial Services, and Mahlatse Mashua, Managing Director at Roc Nation Sports International South Africa.
In any organization like this, the CEO answers to the board, which can sometimes lead to disagreements over the direction of the organization, leadership styles, and responsibilities.
These kinds of tensions can result in strained relationships and, as in Rachel’s case, a breakdown that leads to resignation.
A Legal Challenge with High Stakes
Proving constructive dismissal is a difficult legal challenge in South Africa.
Previous cases, such as Murray v Minister of Defence and Jooste v Transnet, have set a high bar.
The employee must demonstrate that the employer’s actions were so severe that no reasonable person could be expected to continue working under those conditions.
Courts and tribunals look at the overall impact of the employer’s conduct rather than isolated incidents.
This could include unfair restructuring, bullying, or exclusion from key decisions.
What’s Next for Rachel Kolisi?
Rachel’s case will initially go through a conciliation process at the CCMA, where both sides are encouraged to find a compromise.
If this process doesn’t yield a resolution, the case will move to arbitration, where a formal decision will be made.
The fact that Rachel is asking for “reinstatement” suggests that she is open to returning to the Kolisi Foundation, provided the conditions that led to her resignation are addressed.
A Bigger Issue at Play
While Rachel Kolisi’s case is high-profile, it reflects a larger problem in South Africa’s labor law.
Constructive dismissal cases often go unheard, as many employees are unaware of their rights or are too afraid to speak out due to fear of retaliation.
As this case progresses, it could bring much-needed attention to this issue and encourage organizations—especially those working in public interest—to take a closer look at how they treat their employees, ensuring that workplace environments are fair, respectful, and conducive to the dignity of all involved.