Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015) [2017] ZALCJHB 166 (3 May 2017)

Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015) [2017] ZALCJHB 166 (3 May 2017)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence did not support the contention that the dominant reason for dismissal was the exercise of rights under the Labour Relations Act. The respondent had advised the applicant of his rights in every disciplinary notice, and there was no evidence of persecution for utilising labour law processes. Psychological testing was conducted to address behavioural issues, not employment suitability, and did not breach the Employment Equity Act. The respondent, as employer, discharged the onus of proving a fair dismissal on a balance of probabilities.

Citation
[2017] ZALCJHB 166
Parties
Applicant: Aviel Tilon Nadel; Respondent: Johannesburg Jewish Helping Hands and Burial Society
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2017
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, Discrimination, Employment Equity Act, Psychological Testing, Dominant Reason for Dismissal
Labour Law Unfair Dismissal Discrimination Employment Equity Act Psychological Testing Dominant Reason for Dismissal

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 the respondent breached the Employment Equity Act by subjecting the applicant to psychological testing.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence did not support the contention that the dominant reason for dismissal was the exercise of rights under the Labour Relations Act. The respondent had advised the applicant of his rights in every disciplinary notice, and there was no evidence of persecution for utilising labour law processes. Psychological testing was conducted to address behavioural issues, not employment suitability, and did not breach the Employment Equity Act. The respondent, as employer, discharged the onus of proving a fair dismissal on a balance of probabilities.

Court Disposition

Application for leave to appeal dismissed.

Orders

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