National Union of Mine Workers and Others v Eskom Holdings SOC Ltd (C1078/15) [2017] ZALCCT 18 (21 April 2017)

National Union of Mine Workers and Others v Eskom Holdings SOC Ltd (C1078/15) [2017] ZALCCT 18 (21 April 2017)

The applicants failed to establish a prima facie case of unfair discrimination on an arbitrary ground as required by section 6(1) and section 11 of the Employment Equity Act. The TASK grading system, pleaded as the arbitrary ground, was conceded by the applicants not to be arbitrary and no evidence or expert testimony was led regarding its nature or application. Without evidence relating to all elements of the claim, specifically the arbitrary ground, the applicants' case could not survive absolution. The alternative claim regarding disproportionate differences in terms and conditions also lacked a sufficient evidentiary basis. Accordingly, the application for absolution from the instance...

Citation
[2017] ZALCCT 18
Parties
Applicant: National Union of Mine Workers; Applicant: Mzukisi Mandaba & 3 Others; Respondent: Eskom Holdings SOC Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
21 April 2017
Case Number
C1078/15
Procedural Posture
Civil Trial / Application for Absolution From the Instance at Close of Applicants' Case
Outcome
Absolution from the instance granted against the applicants with costs.
Judges
Rabkin-Naicker
Legal Topics
Employment Equity Act, Unfair Discrimination, Burden of Proof, Absolution From Instance
Labour Law Civil Procedure Employment Equity Act Unfair Discrimination Burden of Proof Absolution From Instance

Case Brief

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Parties

National Union of Mine Workers

Applicant

Mzukisi Mandaba & 3 Others

Applicant

Eskom Holdings SOC Ltd

Respondent

Procedural Posture

Civil Trial / Application for Absolution From the Instance at Close of Applicants' Case

Legal Issues

  1. 1 Whether the respondent unfairly discriminated against the applicants in terms and conditions of employment contrary to section 6 of the Employment Equity Act.
  2. 2 Whether the differentiation in terms and conditions was based on an arbitrary ground, specifically the TASK grading system.
  3. 3 Whether the applicants established a prima facie case of unfair discrimination on an arbitrary ground.

Ratio Decidendi

The applicants failed to establish a prima facie case of unfair discrimination on an arbitrary ground as required by section 6(1) and section 11 of the Employment Equity Act. The TASK grading system, pleaded as the arbitrary ground, was conceded by the applicants not to be arbitrary and no evidence or expert testimony was led regarding its nature or application. Without evidence relating to all elements of the claim, specifically the arbitrary ground, the applicants' case could not survive absolution. The alternative claim regarding disproportionate differences in terms and conditions also lacked a sufficient evidentiary basis. Accordingly, the application for absolution from the instance...

Court Disposition

Absolution from the instance granted against the applicants with costs.

Orders

  • Absolution is granted against the applicants with costs.