Pioneeer Foods (Pty) Ltd v Workers Against Regression (WAR) and Others (C687/15) [2016] ZALCCT 14; [2016] 9 BLLR 942 (LC); (2016) 37 ILJ 2872 (LC) (19 April 2016)

Pioneeer Foods (Pty) Ltd v Workers Against Regression (WAR) and Others (C687/15) [2016] ZALCCT 14; [2016] 9 BLLR 942 (LC); (2016) 37 ILJ 2872 (LC) (19 April 2016)

The court held that the differentiation in pay between new entrants and longer serving employees, as stipulated in the collective agreement, was rational, legitimate, and exceedingly common in employment practice. 'Length of service' or 'being a new employee' does not constitute an arbitrary ground of discrimination under section 6(1) of the Employment Equity Act, nor does it impair dignity or equality. The union failed to identify or prove any listed or analogous arbitrary ground of discrimination. The Commissioner erred by finding discrimination on a basis not pleaded or proved and by relying on facts not established in evidence. The differentiation was not irrational, not based on an...

Citation
[2016] ZALCCT 14
Parties
Applicant: Pioneer Foods (Pty) Ltd; Respondent: Workers Against Regression (WAR); Respondent: CCMA; Respondent: Commissioner C Johnson N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
19 April 2016
Case Number
C687/15
Procedural Posture
Labour Appeal / Appeal Against Arbitration Award Under S 10(8) of the Employment Equity Act
Outcome
Appeal upheld; arbitration award reversed and substituted with dismissal of the union's claim.
Judges
A Steenkamp
Legal Topics
Employment Equity Act, Equal Pay for Work of Equal Value, Arbitrary Ground Discrimination, Collective Agreement, Length of Service, Burden of Proof
Labour Law Employment Equity Act Equal Pay for Work of Equal Value Arbitrary Ground Discrimination Collective Agreement Length of Service Burden of Proof

Case Brief

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Parties

Pioneer Foods (Pty) Ltd

Applicant

Workers Against Regression (WAR)

Respondent

CCMA

Respondent

Commissioner C Johnson N.O.

Respondent

Procedural Posture

Labour Appeal / Appeal Against Arbitration Award Under S 10(8) of the Employment Equity Act

Legal Issues

  1. 1 Whether the differentiation in pay between new entrants and longer serving employees constitutes unfair discrimination under section 6(1) and 6(4) of the Employment Equity Act.
  2. 2 Whether 'length of service' or 'being a new employee' is an arbitrary ground of discrimination for purposes of the EEA.
  3. 3 Whether the Commissioner erred in finding that the employer unfairly discriminated against the employees.

Ratio Decidendi

The court held that the differentiation in pay between new entrants and longer serving employees, as stipulated in the collective agreement, was rational, legitimate, and exceedingly common in employment practice. 'Length of service' or 'being a new employee' does not constitute an arbitrary ground of discrimination under section 6(1) of the Employment Equity Act, nor does it impair dignity or equality. The union failed to identify or prove any listed or analogous arbitrary ground of discrimination. The Commissioner erred by finding discrimination on a basis not pleaded or proved and by relying on facts not established in evidence. The differentiation was not irrational, not based on an...

Court Disposition

Appeal upheld; arbitration award reversed and substituted with dismissal of the union's claim.

Orders

  • The appeal is upheld.
  • The arbitration award is reversed and substituted with an order dismissing the union's claim on behalf of its seven members.