Woolworths (Pty)ltd v Whitehead (CA06/99)
Woolworths (Pty)ltd v Whitehead (CA06/99) [2000] ZALAC 4 (3 April 2000)
The Labour Appeal Court held that the employer's decision not to appoint the respondent to a permanent position did not constitute unfair discrimination. The evidence showed that the respondent was not the best candidate for the position, as Dr Young was objectively more qualified and experienced. The continuity requirement, while not an absolute operational necessity, was a legitimate consideration in the context of the employer's business needs. The respondent failed to establish a causal link between her pregnancy and her non-appointment, as the appointment was ultimately made on merit. Th…
Source excerpt
- Unfair Labour Practice
- Sex Discrimination
- Pregnancy Discrimination
- Continuity Requirement
- Employment Equity
- Causation In Discrimination