South Africa Case Law

Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18)

Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18) [2025] ZALCJHB 123 (25 March 2025)

Court

Labour Court Johannesburg

Case number

JR2354/18

Judge

VG Mkwibiso

Condonation for the late filing of the review application was refused due to a significant delay of 16 months and an unreasonable explanation for the delay. The applicants waited for the outcome of another arbitration in which they were not parties, which did not constitute a valid legal reason for the delay. Even if condonation were granted, the prospects of success were poor because the applicants failed to allege a ground of discrimination analogous to those listed in section 6(1) of the Employment Equity Act. The Labour Appeal Court in Naidoo v Parliament of the Republic of South Africa e…

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• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Condonation
• Arbitrary Ground
• Unfair Labour Practice

O'Connor v Lexisnexis (Pty) Ltd (P18/24)

O'Connor v Lexisnexis (Pty) Ltd (P18/24) [2024] ZALCPE 11; (2024) 45 ILJ 1287 (LC) (11 April 2024)

Court

Labour Court Port Elizabeth

Case number

P18/24

Judge

M Meyerowitz

Labour Court held that refusing employment solely because of an irrelevant criminal history was unfair discrimination and ordered the employer to appoint the applicant.

• Employment Equity Act
• Unfair Discrimination
• Arbitrary Ground
• Criminal Record
• Urgent Application
• Specific Performance

AMCU obo Members v Aberdare Cables (Pty) Ltd and Others (P135/2021)

AMCU obo Members v Aberdare Cables (Pty) Ltd and Others (P135/2021) [2023] ZALCPE 26; [2024] 3 BLLR 276 (LC); (2024) 45 ILJ 511 (LC) (20 December 2023)

Court

Labour Court Port Elizabeth

Case number

P135/2021

Judge

Prinsloo

The court held that the appellant failed to identify or plead any arbitrary ground of discrimination as required by section 6(1) of the Employment Equity Act. Mere differentiation in remuneration between employees performing the same or substantially the same work does not amount to unfair discrimination unless it is based on a listed or analogous ground that impairs human dignity. The differentiation implemented by the respondent was rational, based on business necessity and collective bargaining, and justified by operational requirements and length of service. The appellant's case rested so…

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• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Arbitrary Ground
• Collective Agreements

La Foy v Department of Justice and Constitutional Development and Others (J1952/2017)

La Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 253; (2023) 44 ILJ 2731 (LC); [2023] 12 BLLR 1275 (LC) (8 September 2023)

Court

Labour Court Johannesburg

Case number

J1952/2017

Judge

GN Moshoana

The court found that the applicant failed to discharge the statutory onus to prove that she was subjected to harassment amounting to unfair discrimination on arbitrary grounds. The evidence showed that the lack of resources and capacity was a departmental issue affecting multiple branches, not targeted at the applicant. Managerial actions such as discipline, allocation of leave, and operational decisions were justified and did not amount to harassment. The applicant did not demonstrate irrational, discriminatory, or unfair conduct, nor did she show impairment of dignity or ongoing hostile wor…

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• Employment Equity Act
• Unfair Discrimination
• Workplace Harassment
• Arbitrary Ground
• Managerial Prerogative
• Jurisdictional Time Limits

Mkalipi v Minister of Labour and Employment NO and Another (JS 257/2022)

Mkalipi v Minister of Labour and Employment NO and Another (JS 257/2022) [2023] ZALCJHB 251 (25 August 2023)

Court

Labour Court Johannesburg

Case number

JS 257/2022

Judge

M Jolwana

The court held that the applicant's pleadings, if accepted as true, disclose a cause of action for unfair discrimination on an arbitrary ground under section 6(1) of the Employment Equity Act. The applicant alleges that the differential treatment between himself and Mr Ndebele, with no justifiable operational or employment reason, constitutes an affront to his human dignity. The court found that the applicant has pleaded facts that, if proved, would amount to unfair discrimination analogous to the listed grounds, as required by binding authority. The court emphasized that at the pleading stag…

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• Employment Equity Act
• Unfair Discrimination
• Arbitrary Ground
• Human Dignity
• Unfair Labour Practice
• Pleading Exception

Tshazibane v Montego Pet Nutrition and Others (PR 72/21)

Tshazibane v Montego Pet Nutrition and Others (PR 72/21) [2022] ZALCPE 19; (2022) 43 ILJ 2610 (LC); [2022] 12 BLLR 1151 (LC) (12 August 2022)

Court

Labour Court Port Elizabeth

Case number

PR 72/21

Judge

Kroon

The applicant failed to identify or prove any valid listed or analogous arbitrary ground of unfair discrimination as required by section 6(1) of the Employment Equity Act. His complaints of victimization, maltreatment, and procedural unfairness were not linked to any protected ground and did not constitute unfair discrimination. The CCMA commissioner correctly dismissed the referral, and the review application was without merit. The applicant's grievances and disciplinary complaints, even if unfair, did not fall within the scope of unfair discrimination under the Act. The Labour Court granted…

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• Employment Equity Act
• Unfair Discrimination
• Arbitrary Ground
• Review Of Arbitration Award
• Condonation

Police and Prisons Rights Union and Others v Minister of Police and Another (JS803/17)

Police and Prisons Rights Union and Others v Minister of Police and Another (JS803/17) [2021] ZALCJHB 42 (1 March 2021)

Court

Labour Court Johannesburg

Case number

JS803/17

Judge

P Nkutha-Nkontwana

The court found that the applicants failed to establish unfair discrimination on the ground of race, as the promotions were motivated by operational requirements and experience, not racial preference. The evidence showed that the decision-makers were African and that Africans were the majority beneficiaries of similar promotions. Regarding arbitrary grounds, the court applied a narrow interpretation, holding that the applicants did not demonstrate impairment of dignity or a comparably serious adverse effect. The deviation from the standard promotion procedure was justified by exceptional circ…

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• Unfair Discrimination
• Employment Equity Act
• Promotion Procedure
• Burden Of Proof
• Human Dignity
• Arbitrary Ground

Gmagara Local Municipality v IMATU obo Mzuza and Others In Re: IMATU obo Mzuza and Others v Gamagara Local Municipality (C582/17)

Gmagara Local Municipality v IMATU obo Mzuza and Others In Re: IMATU obo Mzuza and Others v Gamagara Local Municipality (C582/17) [2019] ZALCCT 6; [2019] 7 BLLR 696 (LC); (2019) 40 ILJ 2085 (LC) (4 March 2019)

Court

Labour Court Cape Town

Case number

C582/17

Judge

Anton Steenkamp

The Labour Court dismissed an exception to an unfair discrimination claim, holding that geographical location can, in principle, be an arbitrary ground under the EEA.

• Employment Equity Act
• Unfair Discrimination
• Arbitrary Ground
• Burden Of Proof
• Equal Pay For Equal Work
• Unfair-discrimination

Naidoo and Others v Parliament of the Republic of South Africa (C865/2016)

Naidoo and Others v Parliament of the Republic of South Africa (C865/2016) [2018] ZALCCT 38; [2019] 3 BLLR 291 (LC); (2019) 40 ILJ 864 (LC) (12 December 2018)

Court

Labour Court Cape Town

Case number

C865/2016

Judge

Prinsloo

The court held that the correct interpretation of 'arbitrary ground' under section 6(1) of the Employment Equity Act is the narrow one: it refers to an unlisted ground analogous to the listed grounds, requiring impairment of human dignity or a comparably serious adverse effect. The applicants' pleaded grounds—nepotism, length of service, and prior SAPS employment—do not qualify as arbitrary grounds of discrimination because they do not relate to attributes or characteristics that define the applicants or impair their human dignity in a manner comparable to the listed grounds. The applicants f…

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• Employment Equity Act
• Wage Discrimination
• Arbitrary Ground
• Burden Of Proof
• Human Dignity
• Unfair Discrimination

Chitsinde v Sol Plaatje University (C482/15)

Chitsinde v Sol Plaatje University (C482/15) [2018] ZALCCT 44 (29 June 2018)

Court

Labour Court Cape Town

Case number

C482/15

Judge

Steenkamp

The Labour Court dismissed an unfair discrimination claim, finding the applicant was rationally given a second chance to explain his suitability in writing.

• Employment Equity Act
• Unfair Discrimination
• Burden Of Proof
• Arbitrary Ground
• Appointment Process
• Employment-equity-act