Bakulu v Isilumko Staffing (Pty) Ltd and Others (JS105/16) [2017] ZALCJHB 423; [2018] 2 BLLR 169 (LC); (2018) 39 ILJ 597 (LC) (15 November 2017)

Bakulu v Isilumko Staffing (Pty) Ltd and Others (JS105/16) [2017] ZALCJHB 423; [2018] 2 BLLR 169 (LC); (2018) 39 ILJ 597 (LC) (15 November 2017)

The applicant failed to establish a prima facie case that his dismissal was based on race. His evidence did not credibly link the dismissal to racial discrimination, nor did he provide comparative evidence of differential treatment based on race. The alleged racist outburst was not pleaded or substantiated in earlier versions of his case. The respondents' offer to retain the applicant in alternative positions undermined the claim that race was the reason for dismissal. Shoprite's status as employer was not sufficiently challenged or established. Accordingly, absolution from the instance was granted as no reasonable court could find for the applicant on the evidence presented.

Citation
[2017] ZALCJHB 423
Parties
Applicant: Serge Bakulu; Respondent: Isilumko Staffing (Pty) Ltd; Respondent: Shoprite Checkers (Pty) Ltd; Respondent: ACMS Contract Management Service (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 November 2017
Case Number
JS105/16
Procedural Posture
Civil Trial / Absolution From the Instance After Applicant's Case
Outcome
Absolution from the instance granted in favour of all respondents; no order as to costs.
Judges
Lagrange
Legal Topics
Automatically Unfair Dismissal, Race Discrimination, Section 198 Lra, Absolution From Instance
Labour Law Automatically Unfair Dismissal Race Discrimination Section 198 Lra Absolution From Instance

Case Brief

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Parties

Serge Bakulu

Applicant

Isilumko Staffing (Pty) Ltd

Respondent

Shoprite Checkers (Pty) Ltd

Respondent

ACMS Contract Management Service (Pty) Ltd

Respondent

Procedural Posture

Civil Trial / Absolution From the Instance After Applicant's Case

Legal Issues

  1. 1 Whether the applicant established a prima facie case of automatically unfair dismissal based on race.
  2. 2 Whether Shoprite Checkers (Pty) Ltd could be considered the applicant's employer for the purposes of the claim.
  3. 3 Whether absolution from the instance was appropriate at the close of the applicant's case.

Ratio Decidendi

The applicant failed to establish a prima facie case that his dismissal was based on race. His evidence did not credibly link the dismissal to racial discrimination, nor did he provide comparative evidence of differential treatment based on race. The alleged racist outburst was not pleaded or substantiated in earlier versions of his case. The respondents' offer to retain the applicant in alternative positions undermined the claim that race was the reason for dismissal. Shoprite's status as employer was not sufficiently challenged or established. Accordingly, absolution from the instance was granted as no reasonable court could find for the applicant on the evidence presented.

Court Disposition

Absolution from the instance granted in favour of all respondents; no order as to costs.

Orders

  • Absolution from the instance is granted to the respondents.
  • No order is made as to costs.