Biggar v City of Johannesburg (Emergency Management Services) (JS232/09) [2016] ZALCJHB 559; (2017) 38 ILJ 1806 (LC); [2017] 8 BLLR 783 (LC) (13 December 2016)

Biggar v City of Johannesburg (Emergency Management Services) (JS232/09) [2016] ZALCJHB 559; (2017) 38 ILJ 1806 (LC); [2017] 8 BLLR 783 (LC) (13 December 2016)

The applicant established that he and his family were subjected to persistent racial harassment by white colleagues at Brixton Fire Station, which management failed to address adequately despite being aware of the situation. The respondent's failure to take decisive and sufficient steps to eliminate racism created a racially hostile work environment and constituted unfair discrimination. The respondent further discriminated against the applicant by disciplining him for a brawl while absolving his white colleagues, despite evidence that the conflict was rooted in racial hostility. The respondent's technical arguments and denial of responsibility were rejected, as the evidence demonstrated...

Citation
[2016] ZALCJHB 559
Parties
Applicant: Victor Biggar; Respondent: City of Johannesburg (Emergency Management Services)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 December 2016
Case Number
JS232/09
Procedural Posture
Unfair Discrimination Application / Trial
Outcome
The applicant succeeded in his claim of unfair discrimination. The respondent was found liable for racial harassment and discriminatory disciplinary action.
Judges
Nkutha-Nkontwana
Legal Topics
Employment Equity Act, Unfair Discrimination, Racial Harassment, Vicarious Liability, Disciplinary Action, Hostile Work Environment
Labour Law Constitutional Law Employment Equity Act Unfair Discrimination Racial Harassment Vicarious Liability Disciplinary Action Hostile Work Environment

Case Brief

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Parties

Victor Biggar

Applicant

City of Johannesburg (Emergency Management Services)

Respondent

Procedural Posture

Unfair Discrimination Application / Trial

Legal Issues

  1. 1 Whether the respondent is vicariously liable for racial harassment perpetrated by its employees against the applicant.
  2. 2 Whether the respondent unfairly discriminated against the applicant on the ground of race by disciplining him for a brawl while absolving his white colleagues.
  3. 3 Whether the respondent failed to take necessary and sufficient steps to eliminate racism at the Brixton Fire Station.

Ratio Decidendi

The applicant established that he and his family were subjected to persistent racial harassment by white colleagues at Brixton Fire Station, which management failed to address adequately despite being aware of the situation. The respondent's failure to take decisive and sufficient steps to eliminate racism created a racially hostile work environment and constituted unfair discrimination. The respondent further discriminated against the applicant by disciplining him for a brawl while absolving his white colleagues, despite evidence that the conflict was rooted in racial hostility. The respondent's technical arguments and denial of responsibility were rejected, as the evidence demonstrated...

Court Disposition

The applicant succeeded in his claim of unfair discrimination. The respondent was found liable for racial harassment and discriminatory disciplinary action.

Orders

  • The respondent unfairly discriminated against the applicant on the ground of race.
  • The respondent is ordered to pay the applicant an amount equivalent to 12 months’ remuneration, calculated at the rate of his remuneration at the time of his resignation.