Majavu v Independent Electoral Commission (P668/99) [2000] ZALC 72 (7 August 2000)

Majavu v Independent Electoral Commission (P668/99) [2000] ZALC 72 (7 August 2000)

The court found that the applicant failed to discharge the onus of proving that an employment relationship existed on 31 May 1999. The evidence showed that the respondent did not employ the applicant, nor was any contract concluded or work performed. The applicant did not meet the necessary qualifications for the position, and there was no evidence of discrimination based on race, gender, or any arbitrary ground. The respondent's conduct was not found to constitute an unfair labour practice under the Labour Relations Act. The application was dismissed.

Citation
[2000] ZALC 72
Parties
Applicant: M E L Majavu; Respondent: Independent Electoral Commission
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 August 2000
Case Number
P668/99
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
E Revelas
Legal Topics
Unfair Labour Practice, Employment Contract, Discrimination, Onus of Proof
Labour Law Unfair Labour Practice Employment Contract Discrimination Onus of Proof

Case Brief

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Parties

M E L Majavu

Applicant

Independent Electoral Commission

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent committed an unfair labour practice by failing to appoint the applicant as a voting officer.
  2. 2 Whether an employment relationship existed between the applicant and respondent on 31 May 1999.
  3. 3 Whether the applicant was discriminated against based on race, gender, or other arbitrary grounds.

Ratio Decidendi

The court found that the applicant failed to discharge the onus of proving that an employment relationship existed on 31 May 1999. The evidence showed that the respondent did not employ the applicant, nor was any contract concluded or work performed. The applicant did not meet the necessary qualifications for the position, and there was no evidence of discrimination based on race, gender, or any arbitrary ground. The respondent's conduct was not found to constitute an unfair labour practice under the Labour Relations Act. The application was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.