Rustenburg Platinum Mine v SAEWA obo Bester and Others (CCT127/17) [2018] ZACC 13; (2018) 39 ILJ 1503 (CC); 2018 (8) BCLR 951 (CC); [2018] 8 BLLR 735 (CC); 2018 (5) SA 78 (CC) (17 May 2018)

Rustenburg Platinum Mine v SAEWA obo Bester and Others (CCT127/17) [2018] ZACC 13; (2018) 39 ILJ 1503 (CC); 2018 (8) BCLR 951 (CC); [2018] 8 BLLR 735 (CC); 2018 (5) SA 78 (CC) (17 May 2018)

The Constitutional Court held that the use of the term 'swart man' by Mr Bester in the workplace context was racist and derogatory, given South Africa's history and the charged environment of the mining industry. The Court found that both the commissioner and the Labour Appeal Court misapplied the objective test by failing to consider the totality of circumstances and the impact of apartheid's legacy. The evidence established that such language was prohibited and detrimental in the workplace, and Mr Bester's denial and lack of remorse aggravated the misconduct. The Court concluded that dismissal was an appropriate sanction, as the employment relationship was irreparably damaged and the...

Citation
[2018] ZACC 13
Parties
Applicant: Rustenburg Platinum Mine; Respondent: SAEWA obo Meyer Bester
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
17 May 2018
Case Number
CCT 127/17
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court to Constitutional Court
Outcome
Appeal upheld; order of Labour Appeal Court set aside; dismissal of Mr Bester confirmed.
Judges
Zondo ACJ, Cameron J, Froneman J, Jafta J, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ
Legal Topics
Unfair Dismissal, Racist Conduct in Workplace, Right to Dignity, Right to Equality, Objective Test for Racism, Remedies for Unfair Dismissal
Labour Law Constitutional Law Unfair Dismissal Racist Conduct in Workplace Right to Dignity Right to Equality Objective Test for Racism Remedies for Unfair Dismissal

Case Brief

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Parties

Rustenburg Platinum Mine

Applicant

SAEWA obo Meyer Bester

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court to Constitutional Court

Legal Issues

  1. 1 Whether referring to a fellow employee as a 'swart man' (black man) in the workplace context is racist and derogatory.
  2. 2 Whether the commissioner and Labour Appeal Court applied the correct objective test for determining racism and derogatory language.
  3. 3 Whether dismissal was an appropriate sanction for the conduct in question.

Ratio Decidendi

The Constitutional Court held that the use of the term 'swart man' by Mr Bester in the workplace context was racist and derogatory, given South Africa's history and the charged environment of the mining industry. The Court found that both the commissioner and the Labour Appeal Court misapplied the objective test by failing to consider the totality of circumstances and the impact of apartheid's legacy. The evidence established that such language was prohibited and detrimental in the workplace, and Mr Bester's denial and lack of remorse aggravated the misconduct. The Court concluded that dismissal was an appropriate sanction, as the employment relationship was irreparably damaged and the...

Court Disposition

Appeal upheld; order of Labour Appeal Court set aside; dismissal of Mr Bester confirmed.

Orders

  • Rustenburg Platinum Mine is substituted by Sibanye Rustenburg Platinum Mines (Pty) Ltd as the applicant.
  • The appeal is upheld.