La Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 127; (2023) 44 ILJ 1733 (LC) (2 May 2023)

La Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 127; (2023) 44 ILJ 1733 (LC) (2 May 2023)

The court held that, applying the established test for absolution from the instance, there was sufficient evidence presented by the applicant relating to the elements of a claim for unfair discrimination based on harassment on arbitrary grounds. The applicant testified to multiple instances of ostracizing,...

Source-derived case information.

Citation
[2023] ZALCJHB 127
Parties
Applicant: Gabriella La Foy; Respondent: Department of Justice and Constitutional Development; Respondent: Minister of Justice and Constitutional Development and Correctional Services and Others; Respondent: The Director General: Department of Justice and Constitutional Development
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2023
Case Number
J1952/2017
Procedural Posture
Interlocutory Application / Application for Absolution From the Instance After Applicant Closed Her Case
Outcome
Absolution from the instance refused; matter to proceed to trial.
Judges
GN Moshoana
Legal Topics
Unfair Discrimination, Harassment, Absolution From the Instance, Employment Equity Act, Hostile Work Environment
Labour Law Civil Procedure Unfair Discrimination Harassment Absolution From the Instance Employment Equity Act Hostile Work Environment

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Summary, issues, holding and outcome

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Parties

Gabriella La Foy

Applicant

Department of Justice and Constitutional Development

Respondent

Minister of Justice and Constitutional Development and Correctional Services and Others

Respondent

The Director General: Department of Justice and Constitutional Development

Respondent

Procedural Posture

Interlocutory Application / Application for Absolution From the Instance After Applicant Closed Her Case

Legal Issues

  1. 1 Whether the applicant established a prima facie case of unfair discrimination based on harassment on arbitrary grounds.
  2. 2 Whether the Department is entitled to absolution from the instance at the close of the applicant's case.
  3. 3 Whether the constitutional principles of audi alteram partem and section 34 of the Constitution preclude granting absolution from the instance.

Ratio Decidendi

The court held that, applying the established test for absolution from the instance, there was sufficient evidence presented by the applicant relating to the elements of a claim for unfair discrimination based on harassment on arbitrary grounds. The applicant testified to multiple instances of ostracizing, exclusion, selective discipline, and humiliation, which, if accepted as true at this stage, could reasonably support a finding in her favour. The court emphasized that at this stage, credibility findings are not made, and the evidence must be considered as true. Furthermore, the constitutional principles of audi alteram partem and section 34 require disputes to be resolved fairly, and...

Court Disposition

Absolution from the instance refused; matter to proceed to trial.

Orders

  • Absolution from the instance is refused.
  • Costs to stand over for determination at the conclusion of the trial.