South Africa Case Law

Baxter v Minister of Justice and Correctional Services and Others (DA1/2019)

Baxter v Minister of Justice and Correctional Services and Others (DA1/2019) [2020] ZALAC 27; [2020] 10 BLLR 968 (LAC) ; (2020) 41 ILJ 2553 (LAC) (18 May 2020)

Court

Labour Appeal Court

Case number

DA1/2019

Judges

Waglay, Davis, Murphy

The court found that the appellant made disclosures regarding irregularities in recruitment and appointments that constituted protected disclosures under the Protected Disclosures Act. The disclosures were made in good faith, even though partly motivated by personal grievances, as the information disclosed was truthful and indicative of non-compliance with legal obligations. The disciplinary charges against the appellant were largely trivial or unsubstantiated and served as a pretext for retaliation. The dominant reason for the dismissal was the appellant’s protected disclosures, not the alle…

Source excerpt

• Protected Disclosure Act
• Automatically Unfair Dismissal
• Good Faith Requirement
• Causation In Dismissal
• Public Service Regulations
• Whistleblower Protection

Mclaughlin v Independent Loss Consultants CC (JS166/2010)

Mclaughlin v Independent Loss Consultants CC (JS166/2010) [2012] ZALCJHB 116; [2013] 1 BLLR 41 (LC) (18 October 2012)

Court

Labour Court Johannesburg

Case number

JS166/2010

Judge

Molahlehi

Labour Court dismissed claims of automatically unfair dismissal and EEA damages arising from alleged sexual harassment and protected disclosure.

• Automatically Unfair Dismissal
• Sexual Harassment
• Protected Disclosure
• Employment Equity Act
• Causation In Dismissal
• Damages For Discrimination