Makau v Department of Education, Limpopo Province (JS 879/2012) [2013] ZALCJHB 222 (20 September 2013)

Makau v Department of Education, Limpopo Province (JS 879/2012) [2013] ZALCJHB 222 (20 September 2013)

The applicant established that, from 14 October 2011 onwards, he was subjected to arbitrary conduct by the respondent, particularly through the actions of the circuit manager, Molapisi. The applicant's detailed EAP request and grievance were ignored, and instead, he faced disciplinary threats and repeated accusations without due process. The respondent failed to address the applicant's concerns despite multiple opportunities, including requests from the applicant's attorneys referencing section 60 of the Employment Equity Act. The court found that this conduct impaired the applicant's dignity and constituted unfair discrimination. The requirements of section 60 were met, rendering the...

Citation
[2013] ZALCJHB 222
Parties
Applicant: Kongko Louis Makau; Respondent: Department of Education Limpopo Province
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 September 2013
Case Number
JS 879/2012
Procedural Posture
Default Judgment Application / Final Judgment After Hearing; Respondent Absent
Outcome
The applicant's claim for unfair discrimination under the Employment Equity Act succeeds for the period from 14 October 2011 onwards. Relief is granted as set out in the orders.
Judges
Snyman
Legal Topics
Employment Equity Act, Unfair Discrimination, General Damages, Employer Liability, Employee Assistance Program, Grievance Procedure
Labour Law Civil Procedure Employment Equity Act Unfair Discrimination General Damages Employer Liability Employee Assistance Program Grievance Procedure

Case Brief

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Parties

Kongko Louis Makau

Applicant

Department of Education Limpopo Province

Respondent

Procedural Posture

Default Judgment Application / Final Judgment After Hearing; Respondent Absent

Legal Issues

  1. 1 Whether the respondent unfairly discriminated against the applicant in terms of the Employment Equity Act.
  2. 2 Whether the applicant complied with section 60 of the Employment Equity Act to render the respondent liable.
  3. 3 What relief is appropriate for the applicant, including general damages and declaratory orders.

Ratio Decidendi

The applicant established that, from 14 October 2011 onwards, he was subjected to arbitrary conduct by the respondent, particularly through the actions of the circuit manager, Molapisi. The applicant's detailed EAP request and grievance were ignored, and instead, he faced disciplinary threats and repeated accusations without due process. The respondent failed to address the applicant's concerns despite multiple opportunities, including requests from the applicant's attorneys referencing section 60 of the Employment Equity Act. The court found that this conduct impaired the applicant's dignity and constituted unfair discrimination. The requirements of section 60 were met, rendering the...

Court Disposition

The applicant's claim for unfair discrimination under the Employment Equity Act succeeds for the period from 14 October 2011 onwards. Relief is granted as set out in the orders.

Orders

  • It is declared that the respondent has unfairly discriminated against the applicant as contemplated by the Employment Equity Act.
  • The respondent is directed to deal with and finally determine the applicant’s EAP request dated 14 October 2011 within 60 days of the date of handing down of this judgment.