Ekhamanzi Springs v Mnomiya (DA2/13) [2014] ZALAC 102 (13 May 2014)

Ekhamanzi Springs v Mnomiya (DA2/13) [2014] ZALAC 102 (13 May 2014)

The Labour Appeal Court found that the respondent was dismissed by the appellant when she was denied access to the workplace due to her pregnancy, and the appellant failed to intervene or facilitate her entry. The court held that the appellant's acquiescence in the landlord's discriminatory code of conduct, which barred unwed pregnant women from the premises, amounted to a repudiation of the employment contract and constituted an automatically unfair dismissal under section 187(1)(e) of the Labour Relations Act. The code of conduct was not binding on the respondent, and the employer's failure to exercise its rights as lessee to ensure access for its employees was a breach of its common...

Citation
[2014] ZALAC 102
Parties
Appellant: Ekhamanzi Springs (Pty) Ltd; Respondent: Mandi Mnomiya
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
13 May 2014
Case Number
DA2/13
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs.
Judges
Molemela, Ndlovu, Sutherland
Legal Topics
Automatically Unfair Dismissal, Pregnancy Discrimination, Employer Obligation to Accept Tender of Services, Common Law Repudiation, Constitutional Equality Rights
Labour Law Constitutional Law Automatically Unfair Dismissal Pregnancy Discrimination Employer Obligation to Accept Tender of Services Common Law Repudiation Constitutional Equality Rights

Case Brief

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Parties

Ekhamanzi Springs (Pty) Ltd

Appellant

Mandi Mnomiya

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the respondent established that she was dismissed by the appellant on 14 April 2008.
  2. 2 Whether the dismissal was automatically unfair under section 187(1)(e) of the Labour Relations Act due to pregnancy.
  3. 3 Whether the employer was obliged to intervene when its landlord denied the employee access to the workplace based on a discriminatory code of conduct.

Ratio Decidendi

The Labour Appeal Court found that the respondent was dismissed by the appellant when she was denied access to the workplace due to her pregnancy, and the appellant failed to intervene or facilitate her entry. The court held that the appellant's acquiescence in the landlord's discriminatory code of conduct, which barred unwed pregnant women from the premises, amounted to a repudiation of the employment contract and constituted an automatically unfair dismissal under section 187(1)(e) of the Labour Relations Act. The code of conduct was not binding on the respondent, and the employer's failure to exercise its rights as lessee to ensure access for its employees was a breach of its common...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.