Maphanga v Department Of Justice And Constitutional Development (JS 696/22) [2023] ZALCJHB 69; [2023] 6 BLLR 530 (LC) (16 March 2023)

Maphanga v Department Of Justice And Constitutional Development (JS 696/22) [2023] ZALCJHB 69; [2023] 6 BLLR 530 (LC) (16 March 2023)

The court found that the applicant failed to establish a case for unfair discrimination or harassment as defined by the Employment Equity Act. The superior's conduct, consisting of issuing work instructions and warning of disciplinary consequences for non-compliance, did not amount to harassment or discrimination on the ground of conscience. The applicant's personal view that the instructions were unlawful did not transform the instructions into harassment. The Employment Equity Act does not protect employees who challenge legitimate authority or refuse lawful instructions. As the applicant did not make out a case for relief, the application for default judgment was refused.

Citation
[2023] ZALCJHB 69
Parties
Applicant: Simon Tumelo Maphanga; Respondent: Department of Justice and Constitutional Development
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 March 2023
Case Number
JS 696/22
Procedural Posture
Default Judgment Application / Application for Default Judgment After Respondent Failed to File a Statement of Response.
Outcome
Application for default judgment refused and dismissed.
Judges
G N Moshoana
Legal Topics
Employment Equity Act, Unfair Discrimination, Harassment, Work Instructions, Conscience as Ground, Default Judgment
Labour Law Employment Equity Act Unfair Discrimination Harassment Work Instructions Conscience as Ground Default Judgment

Case Brief

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Parties

Simon Tumelo Maphanga

Applicant

Department of Justice and Constitutional Development

Respondent

Procedural Posture

Default Judgment Application / Application for Default Judgment After Respondent Failed to File a Statement of Response.

Legal Issues

  1. 1 Whether the applicant established a case for unfair discrimination under the Employment Equity Act.
  2. 2 Whether the conduct of the respondent amounted to harassment as defined in law.
  3. 3 Whether the applicant is entitled to default judgment in the absence of a response from the respondent.

Ratio Decidendi

The court found that the applicant failed to establish a case for unfair discrimination or harassment as defined by the Employment Equity Act. The superior's conduct, consisting of issuing work instructions and warning of disciplinary consequences for non-compliance, did not amount to harassment or discrimination on the ground of conscience. The applicant's personal view that the instructions were unlawful did not transform the instructions into harassment. The Employment Equity Act does not protect employees who challenge legitimate authority or refuse lawful instructions. As the applicant did not make out a case for relief, the application for default judgment was refused.

Court Disposition

Application for default judgment refused and dismissed.

Orders

  • The application for default judgment is refused.