Makoti v Jesuit Refugee Service South Africa (JS 323B/09) [2011] ZALCJHB 122; (2012) 33 ILJ 1706 (LC) (13 January 2011)

Makoti v Jesuit Refugee Service South Africa (JS 323B/09) [2011] ZALCJHB 122; (2012) 33 ILJ 1706 (LC) (13 January 2011)

The court found that the applicant had a reasonable expectation of renewal of her fixed-term contract, based on prior renewals and the absence of performance concerns until the time of non-renewal. The respondent's allegations of poor performance were raised only at the last moment and were not substantiated by credible evidence. The court accepted the applicant's detailed and plausible account of sexual harassment by the national director, which was corroborated by her colleague. The director's conduct changed markedly after the applicant rebuffed his advances, leading to her exclusion from opportunities and ultimately the non-renewal of her contract. The court held that the real reason...

Citation
[2011] ZALCJHB 122
Parties
Applicant: Makoti, Mmatshwana Emma; Respondent: Jesuit Refugee Service South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 January 2011
Case Number
JS 323B/09
Procedural Posture
Trial / Final Judgment
Outcome
The applicant's dismissal was found to be automatically unfair due to sexual harassment and discrimination. Compensation for unfair dismissal was awarded; no separate damages for sexual harassment were granted.
Judges
Lagrange
Legal Topics
Automatically Unfair Dismissal, Sexual Harassment, Employment Equity Act, Reasonable Expectation of Renewal, Damages, Costs Award
Labour Law Civil Procedure Automatically Unfair Dismissal Sexual Harassment Employment Equity Act Reasonable Expectation of Renewal Damages Costs Award

Case Brief

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Parties

Makoti, Mmatshwana Emma

Applicant

Jesuit Refugee Service South Africa

Respondent

Procedural Posture

Trial / Final Judgment

Legal Issues

  1. 1 Whether the applicant was dismissed within the meaning of section 186(1)(b) of the LRA.
  2. 2 Whether the dismissal was automatically unfair due to sexual harassment and discrimination.
  3. 3 Whether the applicant is entitled to compensation for unfair discrimination under the Employment Equity Act.

Ratio Decidendi

The court found that the applicant had a reasonable expectation of renewal of her fixed-term contract, based on prior renewals and the absence of performance concerns until the time of non-renewal. The respondent's allegations of poor performance were raised only at the last moment and were not substantiated by credible evidence. The court accepted the applicant's detailed and plausible account of sexual harassment by the national director, which was corroborated by her colleague. The director's conduct changed markedly after the applicant rebuffed his advances, leading to her exclusion from opportunities and ultimately the non-renewal of her contract. The court held that the real reason...

Court Disposition

The applicant's dismissal was found to be automatically unfair due to sexual harassment and discrimination. Compensation for unfair dismissal was awarded; no separate damages for sexual harassment were granted.

Orders

  • The respondent is ordered to pay the applicant R80,411.20, being eight months' remuneration at the time of dismissal.
  • No compensation is awarded for the sexual harassment claim under the Employment Equity Act.