Msengana-Ndlela v Nelson Mandela Bay Metropolitan Municipality (3282/2013) [2015] ZAECPEHC 31 (19 May 2015) per D Chetty J.
A former municipal manager opted to cancel her contract of employment forthwith after alleged material breaches by the municipality. The manger could have claimed constructive dismissal but would then have been forced to process the claim based on unfairness and her claim for compensation would have been limited to 12 months remuneration. Instead the manager based her claim on unlawfulness for breach of contract. The manager reduced her initial claim for more than R8.6m because she had mitigated her loss. The award for over R3.1m included wasted legal costs incurred by her. In addition the manager was awarded additional legal costs and interest.