Moche v Maunga Projects CC (JS508/17) [2018] ZALCJHB 265 (22 June 2018)

Moche v Maunga Projects CC (JS508/17) [2018] ZALCJHB 265 (22 June 2018)

The respondent failed to defend the claim and did not comply with previous court orders to file a statement of response. The applicant established that he was paid less than other Community Liaison Officers without justification, and the respondent's reasons—age and political appointment—are prohibited grounds under section 6(1) of the Employment Equity Act. The respondent's conduct amounted to unfair discrimination. The applicant is entitled to the outstanding salary and leave pay as claimed. The delay in filing the notice of amendment was minimal and reasonably explained, and condonation was granted.

Citation
[2018] ZALCJHB 265
Parties
Applicant: Mota Jack Moche; Respondent: Maunga Projects CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 June 2018
Case Number
JS508/17
Procedural Posture
Default Judgment / Final Judgment
Outcome
Default judgment granted in favour of the applicant. The respondent is ordered to pay outstanding leave pay and salary. No order as to costs.
Judges
Z Lallie
Legal Topics
Employment Equity Act, Unfair Discrimination, Equal Pay, Condonation of Late Filing
Labour Law Employment Equity Act Unfair Discrimination Equal Pay Condonation of Late Filing

Case Brief

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Parties

Mota Jack Moche

Applicant

Maunga Projects CC

Respondent

Procedural Posture

Default Judgment / Final Judgment

Legal Issues

  1. 1 Whether the respondent's failure to pay the applicant equal remuneration constituted unfair discrimination under the Employment Equity Act.
  2. 2 Whether the respondent's reasons for refusing equal pay—age and political appointment—are prohibited grounds under section 6(1) of the Employment Equity Act.
  3. 3 Whether condonation should be granted for the applicant's late filing of the notice of amendment.

Ratio Decidendi

The respondent failed to defend the claim and did not comply with previous court orders to file a statement of response. The applicant established that he was paid less than other Community Liaison Officers without justification, and the respondent's reasons—age and political appointment—are prohibited grounds under section 6(1) of the Employment Equity Act. The respondent's conduct amounted to unfair discrimination. The applicant is entitled to the outstanding salary and leave pay as claimed. The delay in filing the notice of amendment was minimal and reasonably explained, and condonation was granted.

Court Disposition

Default judgment granted in favour of the applicant. The respondent is ordered to pay outstanding leave pay and salary. No order as to costs.

Orders

  • The late filing of the notice of amendment is condoned.
  • The respondent is ordered to pay the applicant outstanding leave pay in the amount of R6 500.