Hattingh and Another v South African Airways (JS338/06) [2010] ZALC 203; (2010) 31 ILJ 2407 (LC) (21 May 2010)

Hattingh and Another v South African Airways (JS338/06) [2010] ZALC 203; (2010) 31 ILJ 2407 (LC) (21 May 2010)

The court found that the respondent's age-based policy was abolished in 1997 and that the applicants' claims related to isolated acts of alleged discrimination occurring in 1996 and 1997. The applicants failed to refer their dispute within the prescribed period under the Labour Relations Act or Employment Equity Act. There was no evidence of ongoing discrimination, as the policy no longer existed and pilots over 35 were subsequently employed. The declaratory relief sought was academic and amounted to an abuse of process, as the applicants attempted to circumvent statutory time limits. Even if jurisdiction existed, the merits did not support the applicants' claims, as the age barrier was...

Citation
[2010] ZALC 203
Parties
Applicant: G Hattingh; Applicant: F K van Schalkwyk; Respondent: South African Airways
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
21 May 2010
Case Number
JS338/06
Procedural Posture
Labour Court Application / Judgment
Outcome
Application dismissed.
Judges
Francis
Legal Topics
Unfair Discrimination, Employment Equity Act, Jurisdiction, Seniority Adjustment, Limitation Periods
Labour Law Unfair Discrimination Employment Equity Act Jurisdiction Seniority Adjustment Limitation Periods

Case Brief

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Parties

G Hattingh

Applicant

F K van Schalkwyk

Applicant

South African Airways

Respondent

Procedural Posture

Labour Court Application / Judgment

Legal Issues

  1. 1 Whether the respondent's previous policy of not employing pilots over 35 years constituted unfair discrimination under labour law.
  2. 2 Whether the applicants are entitled to a declarator and adjustment of seniority based on alleged past discrimination.
  3. 3 Whether the Labour Court has jurisdiction to entertain the dispute given the time elapsed since the alleged discrimination.

Ratio Decidendi

The court found that the respondent's age-based policy was abolished in 1997 and that the applicants' claims related to isolated acts of alleged discrimination occurring in 1996 and 1997. The applicants failed to refer their dispute within the prescribed period under the Labour Relations Act or Employment Equity Act. There was no evidence of ongoing discrimination, as the policy no longer existed and pilots over 35 were subsequently employed. The declaratory relief sought was academic and amounted to an abuse of process, as the applicants attempted to circumvent statutory time limits. Even if jurisdiction existed, the merits did not support the applicants' claims, as the age barrier was...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.