Jimlongo v Belthazar Restaurant and Wine Bar (C1132/10) [2011] ZALCCT 45 (29 August 2011)

Jimlongo v Belthazar Restaurant and Wine Bar (C1132/10) [2011] ZALCCT 45 (29 August 2011)

The court accepted the applicant's uncontested version that he was unfairly discriminated against on the basis of race in promotion decisions. The applicant failed to provide evidence of the monetary difference between his current earnings and those of a waiter, making compensation inappropriate. The court held that the appropriate relief was to order the respondent to promote the applicant to the position of waiter when the next vacancy arises, thereby remedying the discriminatory conduct.

Citation
[2011] ZALCCT 45
Parties
Applicant: Khayalethu Jimlongo; Respondent: Belthazar Restaurant and Wine Bar
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
29 August 2011
Case Number
C1132/10
Procedural Posture
Default Judgment Application / Application for Default Judgment
Outcome
Application for default judgment granted in favour of the applicant. Promotion ordered; no compensation awarded.
Judges
Conradie AJ
Legal Topics
Employment Equity Act, Unfair Discrimination, Promotion, Race Discrimination
Labour Law Employment Equity Act Unfair Discrimination Promotion Race Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Khayalethu Jimlongo

Applicant

Belthazar Restaurant and Wine Bar

Respondent

Procedural Posture

Default Judgment Application / Application for Default Judgment

Legal Issues

  1. 1 Whether the applicant was unfairly discriminated against on the basis of race in promotion decisions.
  2. 2 Whether the applicant is entitled to compensation or promotion as relief.

Ratio Decidendi

The court accepted the applicant's uncontested version that he was unfairly discriminated against on the basis of race in promotion decisions. The applicant failed to provide evidence of the monetary difference between his current earnings and those of a waiter, making compensation inappropriate. The court held that the appropriate relief was to order the respondent to promote the applicant to the position of waiter when the next vacancy arises, thereby remedying the discriminatory conduct.

Court Disposition

Application for default judgment granted in favour of the applicant. Promotion ordered; no compensation awarded.

Orders

  • The applicant is to be promoted to the position of waiter when the next such vacancy arises.
  • There is no order as to costs.