Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015) [2016] ZALCJHB 570 (3 November 2016)

Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015) [2016] ZALCJHB 570 (3 November 2016)

The court found that the applicant failed to demonstrate that the dominant reason for his dismissal was the exercise of rights under the Labour Relations Act or discrimination based on religious or political beliefs. The respondent provided evidence that the applicant was informed of his rights and that disciplinary actions were not retaliatory. The psychological testing was not conducted to assess employment suitability but to address behavioural issues, including a severe assault. The respondent, as employer, discharged the onus of proving the fairness of the dismissal on a balance of probabilities. The applicant did not establish reasonable prospects of success on appeal.

Citation
[2016] ZALCJHB 570
Parties
Applicant: Aviel Tilon Nadel; Respondent: Johannesburg Jewish Helping Hands and Burial Society
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 November 2016
Case Number
JS135/2014, JS306/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 9 December 2016.
Outcome
Application for leave to appeal dismissed.
Judges
Malindi
Legal Topics
Unfair Dismissal, Employment Equity Act, Psychological Testing, Religious Discrimination, Burden of Proof
Labour Law Civil Procedure Unfair Dismissal Employment Equity Act Psychological Testing Religious Discrimination Burden of Proof

Case Brief

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Parties

Aviel Tilon Nadel

Applicant

Johannesburg Jewish Helping Hands and Burial Society

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 9 December 2016.

Legal Issues

  1. 1 Whether the applicant's dismissal was primarily due to exercising rights under the Labour Relations Act.
  2. 2 Whether the applicant was discriminated against on the basis of religious belief, political beliefs, and conscience.
  3. 3 Whether psychological testing breached the Employment Equity Act and impugned the applicant's dignity.

Ratio Decidendi

The court found that the applicant failed to demonstrate that the dominant reason for his dismissal was the exercise of rights under the Labour Relations Act or discrimination based on religious or political beliefs. The respondent provided evidence that the applicant was informed of his rights and that disciplinary actions were not retaliatory. The psychological testing was not conducted to assess employment suitability but to address behavioural issues, including a severe assault. The respondent, as employer, discharged the onus of proving the fairness of the dismissal on a balance of probabilities. The applicant did not establish reasonable prospects of success on appeal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.