South Africa Case Law

Solidarity obo K v Western Cape Education Department and Others (C70/22)

Solidarity obo K v Western Cape Education Department and Others (C70/22) [2024] ZALCCT 59 (22 November 2024)

Court

Labour Court Cape Town

Case number

C70/22

Judge

S Snyman

The applicant failed to establish that the harassment suffered was based on discrimination as contemplated by the Employment Equity Act. The evidence showed that the conduct of the subordinate, Engelbrecht, towards K[...] was irrational and unacceptable, but not linked to any listed or analogous ground of discrimination. The applicant did not identify or prove an arbitrary ground that impaired dignity as required by Harksen v Lane. The Department responded to grievances with disciplinary action and ultimately dismissed Engelbrecht, demonstrating reasonable steps to eliminate the conduct. The…

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• Employment Equity Act
• Harassment
• Arbitrary Ground Discrimination
• Vicarious Liability
• Onus Of Proof
• Constructive Dismissal

Premier FMCG (PTY) Ltd t/a Blue Ribbon Bakery v Food and Allied Workers Union obo Members and Others (C530/2019)

Premier FMCG (PTY) Ltd t/a Blue Ribbon Bakery v Food and Allied Workers Union obo Members and Others (C530/2019) [2022] ZALCCT 52; (2022) 43 ILJ 2584 (LC) (22 August 2022)

Court

Labour Court Cape Town

Case number

C530/2019

Judge

Lagrange

The court held that the arbitrator erred in joining Mill employees who were not part of the original dispute referred for conciliation, as this contravened the statutory requirement that all parties to a dispute must be conciliated before adjudication. The court further found that length of service is expressly recognized by the Employment Equity Regulations as a fair and rational basis for pay differentiation and does not constitute an arbitrary ground of discrimination under section 6(1) of the Employment Equity Act. No evidence was presented that length of service indirectly resulted in di…

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• Equal Pay For Equal Work
• Employment Equity Act
• Arbitrary Ground Discrimination
• Joinder Of Parties
• Conciliation Requirement

Moloko v Tshwane Economic Development Agency (JS741/17)

Moloko v Tshwane Economic Development Agency (JS741/17) [2020] ZALCJHB 237 (22 October 2020)

Court

Labour Court Johannesburg

Case number

JS741/17

Judge

M A Mathebula

The Labour Court held that a senior manager was unfairly discriminated against in pay, finding he did work of equal value and the salary gap was arbitrary.

• Unfair Discrimination
• Equal Pay For Equal Work
• Employment Equity Act
• Arbitrary Ground Discrimination
• Unfair-discrimination
• Equal-pay-for-equal-work

United National Transport Union obo Members v Bombela Operating Company (Pty) Ltd (JS876/16)

United National Transport Union obo Members v Bombela Operating Company (Pty) Ltd (JS876/16) [2018] ZALCJHB 41 (8 February 2018)

Court

Labour Court Johannesburg

Case number

JS876/16

Judge

Tlhotlhalemaje

The Labour Court allowed UNTU to amend its discrimination claim and dismissed Bombela’s exceptions, finding the amended pleading sufficiently detailed.

• Employment Equity Act
• Equal Pay For Equal Work
• Unfair Discrimination
• Pleading Requirements
• Exceptions
• Arbitrary Ground Discrimination

Pioneeer Foods (Pty) Ltd v Workers Against Regression (WAR) and Others (C687/15)

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)

Court

Labour Court Cape Town

Case number

C687/15

Judge

A Steenkamp

The Labour Court upheld Pioneer Foods’ appeal, holding that new-entrant pay differentials based on length of service were not unfair discrimination.

• Employment Equity Act
• Equal Pay For Work Of Equal Value
• Arbitrary Ground Discrimination
• Collective Agreement
• Length Of Service
• Burden Of Proof

Duma v Minister of Correctional Services and Others (C604/2012)

Duma v Minister of Correctional Services and Others (C604/2012) [2016] ZALCCT 6; (2016) 37 ILJ 1135 (LC); [2016] 6 BLLR 601 (LC) (2 February 2016)

Court

Labour Court Cape Town

Case number

C604/2012

Judge

Rabkin-Naicker

The court found that the applicant's claim for unfair discrimination had not prescribed, as the discrimination was ongoing and the referral to the Labour Court interrupted prescription. The differentiation in remuneration based on geographical location was arbitrary and impaired the applicant's dignity, amounting to unfair discrimination under section 6(1) of the Employment Equity Act. The respondents failed to provide any justification for the differentiation, and the applicant established that she was prejudiced financially over several years. The court held that the applicant was entitled…

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• Unfair Discrimination
• Employment Equity Act
• Prescription Act
• Remuneration Disparity
• Arbitrary Ground Discrimination

Pillay and Another v Durban Metrorail (D298/01)

Pillay and Another v Durban Metrorail (D298/01) [2011] ZALCD 36 (30 August 2011)

Court

Labour Court Durban

Case number

D298/01

Judge

Reddy AJ

The Labour Court granted condonation and rescission after finding the applicant’s default was sufficiently explained and her discrimination claim had arguable prospects.

• Unfair Discrimination
• Condonation
• Rescission Of Order
• Employment Equity Act
• Arbitrary Ground Discrimination
• Rescission

Ntai and Others v South African Breweries Limited (J4476/99)

Ntai and Others v South African Breweries Limited (J4476/99) [2000] ZALC 134; [2001] 2 BLLR 186 (LC); (2001) 22 ILJ 214 (LC) (16 November 2000)

Court

Labour Court

Case number

J4476/99

Judge

Basson

Black training officers alleged racial pay discrimination after earning less than white comparators; the Labour Court held the salary gap was not proved to be race-based.

• Unfair Discrimination
• Equal Pay For Equal Work
• Burden Of Proof
• Affirmative Action
• Direct Discrimination
• Arbitrary Ground Discrimination

Kadiaka v Amalgamated Beverage Industries (J1168/97)

Kadiaka v Amalgamated Beverage Industries (J1168/97) [1998] ZALC 88 (28 October 1998)

Court

Labour Court

Case number

J1168/97

Judge

Landman

The court found that ABI's refusal to employ ex-New Age employees constituted discrimination, as it treated a class of applicants differently. However, this discrimination was not on any of the listed grounds in the Labour Relations Act, but rather on an arbitrary ground. The court held that not all arbitrary discrimination is unfair; it must be assessed in light of commercial justification and societal values. ABI's policy was motivated by bona fide commercial reasons: maintaining morale, rewarding loyalty, ensuring brand commitment, and avoiding corruption. The ban was temporary and not vin…

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• Unfair Labour Practice
• Employment Discrimination
• Arbitrary Ground Discrimination
• Managerial Prerogative
• Burden Of Proof
• Inherent Job Requirements