Samka v Shoprite Checkers (Pty) Ltd and Others (CA15/18) [2020] ZALAC 11; (2020) 41 (ILJ) 1945 (LAC); [2020] 9 BLLR 916 (LAC) (18 May 2020)

Samka v Shoprite Checkers (Pty) Ltd and Others (CA15/18) [2020] ZALAC 11; (2020) 41 (ILJ) 1945 (LAC); [2020] 9 BLLR 916 (LAC) (18 May 2020)

Section 60 of the Employment Equity Act is confined to conduct by employees and does not extend to actions by customers. The employer cannot be held liable under the EEA for racist abuse perpetrated by a customer against an employee. The appellant failed to discharge the burden of proof required to establish unfair discrimination or harassment on a listed or arbitrary ground. The evidence did not support a finding of racial discrimination or that the alleged bullying and victimisation were based on race or any other prohibited ground. Management had taken reasonable steps to address the appellant's complaints, and there was no basis to disturb the findings of the lower court or the third...

Citation
[2020] ZALAC 11
Parties
Appellant: Bulelwa Samka; Respondent: Shoprite Checkers (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Elridge Edwards NO
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
18 May 2020
Case Number
CA15/18
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed. No order as to costs.
Judges
Davis, Sutherland, Murphy
Legal Topics
Employment Equity Act, Unfair Discrimination, Harassment, Burden of Proof, Workplace Racism
Labour Law Employment Equity Act Unfair Discrimination Harassment Burden of Proof Workplace Racism

Case Brief

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Parties

Bulelwa Samka

Appellant

Shoprite Checkers (Pty) Ltd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Elridge Edwards NO

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether section 60 of the Employment Equity Act holds an employer liable for discrimination perpetrated by a customer against an employee.
  2. 2 Whether the employer unfairly discriminated against the appellant by subjecting her to bullying and discrimination.
  3. 3 Whether the appellant proved harassment or unfair discrimination on an arbitrary ground under the EEA.

Ratio Decidendi

Section 60 of the Employment Equity Act is confined to conduct by employees and does not extend to actions by customers. The employer cannot be held liable under the EEA for racist abuse perpetrated by a customer against an employee. The appellant failed to discharge the burden of proof required to establish unfair discrimination or harassment on a listed or arbitrary ground. The evidence did not support a finding of racial discrimination or that the alleged bullying and victimisation were based on race or any other prohibited ground. Management had taken reasonable steps to address the appellant's complaints, and there was no basis to disturb the findings of the lower court or the third...

Court Disposition

Appeal dismissed. No order as to costs.

Orders

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