Anyanwu and Another v 15-On-Orange Hotel (Pty) Ltd (C39/2012) [2013] ZALCCT 20 (16 May 2013)

Anyanwu and Another v 15-On-Orange Hotel (Pty) Ltd (C39/2012) [2013] ZALCCT 20 (16 May 2013)

The applicants failed to establish a prima facie case of unfair discrimination under Section 6 of the Employment Equity Act or automatically unfair dismissal under Section 187(1)(f) of the Labour Relations Act. Their grievances and disciplinary actions were not shown to be causally linked to any prohibited ground such as race, ethnic or social origin, or colour. The evidence did not support the contention that the exercise of statutory rights constituted an analogous ground for discrimination. The applicants' claims were either settled at the CCMA or lacked sufficient evidence of discrimination. Accordingly, there was no basis on which a reasonable court could find for the applicants, and...

Citation
[2013] ZALCCT 20
Parties
Applicant: Joseph Chukwuemeka Anyanwu; Applicant: Julian Chukwuemeka Anyanwu; Respondent: 15-On-Orange Hotel (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
16 May 2013
Case Number
C39/2012
Procedural Posture
Civil Trial / Application for Absolution From the Instance After Close of Applicants' Case
Outcome
Application for absolution from the instance granted. No order as to costs.
Judges
Deon Visagie
Legal Topics
Employment Equity Act, Automatically Unfair Dismissal, Absolution From Instance, Harassment, Prima Facie Case
Labour Law Civil Procedure Employment Equity Act Automatically Unfair Dismissal Absolution From Instance Harassment Prima Facie Case

Case Brief

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Parties

Joseph Chukwuemeka Anyanwu

Applicant

Julian Chukwuemeka Anyanwu

Applicant

15-On-Orange Hotel (Pty) Ltd

Respondent

Procedural Posture

Civil Trial / Application for Absolution From the Instance After Close of Applicants' Case

Legal Issues

  1. 1 Whether the applicants established a prima facie case of unfair discrimination under Section 6 of the Employment Equity Act.
  2. 2 Whether the first applicant's dismissal constituted an automatically unfair dismissal under Section 187(1)(f) of the Labour Relations Act.
  3. 3 Whether harassment or victimisation for exercising statutory rights constitutes an analogous ground for discrimination under the EEA or LRA.

Ratio Decidendi

The applicants failed to establish a prima facie case of unfair discrimination under Section 6 of the Employment Equity Act or automatically unfair dismissal under Section 187(1)(f) of the Labour Relations Act. Their grievances and disciplinary actions were not shown to be causally linked to any prohibited ground such as race, ethnic or social origin, or colour. The evidence did not support the contention that the exercise of statutory rights constituted an analogous ground for discrimination. The applicants' claims were either settled at the CCMA or lacked sufficient evidence of discrimination. Accordingly, there was no basis on which a reasonable court could find for the applicants, and...

Court Disposition

Application for absolution from the instance granted. No order as to costs.

Orders

  • Absolution from the instance is granted.
  • There is no order as to costs.