Chowan v Associated Motor Holdings (Pty) Ltd and Others (22142/16) [2018] ZAGPJHC 40; [2018] 2 All SA 720 (GJ); 2018 (4) SA 145 (GJ); (2018) 39 ILJ 1523 (GJ) (23 March 2018)

Chowan v Associated Motor Holdings (Pty) Ltd and Others (22142/16) [2018] ZAGPJHC 40; [2018] 2 All SA 720 (GJ); 2018 (4) SA 145 (GJ); (2018) 39 ILJ 1523 (GJ) (23 March 2018)

The court found that the plaintiff made a bona fide protected disclosure regarding unfair racial and gender discrimination, following an authorised procedure with the consent of her employer's CEO. The subsequent suspension, disciplinary action, and dismissal constituted occupational detriments in violation of section 3 of the Protected Disclosures Act. The court held that the plaintiff's belief in discrimination was both subjectively and objectively reasonable, given her qualifications, experience, and the pattern of appointments within the company. The employer's conduct was wrongful and intentional, satisfying the requirements for delictual liability for pure economic loss. The court...

Citation
[2018] ZAGPJHC 40
Parties
Plaintiff: Adila Chowan; Defendant: Associated Motor Holdings (Pty) Ltd; Defendant: Imperial Holdings Limited; Defendant: Mark Lamberti
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 March 2018
Case Number
22142/16
Procedural Posture
Civil Trial / Liability Phase; Quantum Separated by Consent Order
Outcome
Liability established against the first defendant for aquilian damages and against the second and third defendants, jointly and severally, for damages arising from impairment of dignity. Costs apportioned between defendants.
Judges
P.A. Meyer
Legal Topics
Protected Disclosure, Unfair Discrimination, Impairment of Dignity, Aquilian Action, Employment Equity, Occupational Detriment
Delict Labour Law Civil Procedure Protected Disclosure Unfair Discrimination Impairment of Dignity Aquilian Action Employment Equity +1 more

Case Brief

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Parties

Adila Chowan

Plaintiff

Associated Motor Holdings (Pty) Ltd

Defendant

Imperial Holdings Limited

Defendant

Mark Lamberti

Defendant

Procedural Posture

Civil Trial / Liability Phase; Quantum Separated by Consent Order

Legal Issues

  1. 1 Whether the plaintiff made a protected disclosure as contemplated in the Protected Disclosures Act.
  2. 2 Whether the plaintiff was subjected to occupational detriment by her employer on account of making a protected disclosure.
  3. 3 Whether the defendants are liable in delict for pure economic loss suffered by the plaintiff.

Ratio Decidendi

The court found that the plaintiff made a bona fide protected disclosure regarding unfair racial and gender discrimination, following an authorised procedure with the consent of her employer's CEO. The subsequent suspension, disciplinary action, and dismissal constituted occupational detriments in violation of section 3 of the Protected Disclosures Act. The court held that the plaintiff's belief in discrimination was both subjectively and objectively reasonable, given her qualifications, experience, and the pattern of appointments within the company. The employer's conduct was wrongful and intentional, satisfying the requirements for delictual liability for pure economic loss. The court...

Court Disposition

Liability established against the first defendant for aquilian damages and against the second and third defendants, jointly and severally, for damages arising from impairment of dignity. Costs apportioned between defendants.

Orders

  • The first defendant is liable to pay the plaintiff her proven aquilian damages.
  • The second and third defendants, jointly and severally, are liable to pay the plaintiff her proven damages as a result of the impairment of her dignity.