Forbay and Others v University of South Africa (J493819) [2025] ZALCJHB 254 (20 June 2025)

Forbay and Others v University of South Africa (J493819) [2025] ZALCJHB 254 (20 June 2025)

The Court found that the applicants failed to establish a credible possibility that UNISA or its employees subjected them to unfair discrimination, harassment, or victimisation based on race or gender. The evidence showed that the impugned statement by Socikwa was a relaying of external complaints, not a personal mandate or employment policy. Instructions and decisions challenged by the applicants were applied to all managers, regardless of race or gender, and operational or financial reasons explained reductions in responsibilities and delays in disciplinary or performance processes. The Court held that none of the alleged acts amounted to unfair discrimination or harassment under the...

Citation
[2025] ZALCJHB 254
Parties
Applicant: Trudy Forbay; Applicant: Patrick Doyle; Applicant: Peter Stander; Applicant: Carl Pretorius; Respondent: University of South Africa (UNISA)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 June 2025
Case Number
J493819
Procedural Posture
Unfair Discrimination Application / Final Judgment After Trial
Outcome
Applicants' claim dismissed.
Judges
Mahosi
Legal Topics
Employment Equity Act, Unfair Discrimination, Harassment, Burden of Proof, Performance Appraisal, Disciplinary Procedure
Labour Law Civil Procedure Employment Equity Act Unfair Discrimination Harassment Burden of Proof Performance Appraisal Disciplinary Procedure

Case Brief

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Parties

Trudy Forbay

Applicant

Patrick Doyle

Applicant

Peter Stander

Applicant

Carl Pretorius

Applicant

University of South Africa (UNISA)

Respondent

Procedural Posture

Unfair Discrimination Application / Final Judgment After Trial

Legal Issues

  1. 1 Whether the applicants were subjected to unfair discrimination, harassment, or victimisation by UNISA based on race and gender.
  2. 2 Whether the conduct of UNISA and its employees constituted a breach of sections 6(1) and 6(3) of the Employment Equity Act.
  3. 3 Whether the applicants are entitled to compensation, damages, or remedial orders under section 50(2) of the Employment Equity Act.

Ratio Decidendi

The Court found that the applicants failed to establish a credible possibility that UNISA or its employees subjected them to unfair discrimination, harassment, or victimisation based on race or gender. The evidence showed that the impugned statement by Socikwa was a relaying of external complaints, not a personal mandate or employment policy. Instructions and decisions challenged by the applicants were applied to all managers, regardless of race or gender, and operational or financial reasons explained reductions in responsibilities and delays in disciplinary or performance processes. The Court held that none of the alleged acts amounted to unfair discrimination or harassment under the...

Court Disposition

Applicants' claim dismissed.

Orders

  • The applicants’ claim is dismissed.
  • There is no order as to costs.