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South Africa decisions
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Solidarity obo Erasmus v Eskom Holdings SOC Ltd (C1001/18) [2024] ZALCCT 18; (2024) 45 ILJ 2073 (LC) (24 May 2024)
The Labour Court found Eskom unfairly discriminated by excluding white males from shortlisting, held the practice was an absolute barrier, and awarded 18 months’ salary.
Faris v TFD Network Africa (Pty) Ltd (C151/13) [2016] ZALCCT 51 (15 December 2016)
The court found that the applicant was dismissed due to her refusal to work on Saturdays, which was directly linked to her religious beliefs as a Seventh-day Adventist. The respondent's argument that the dismissal was for incapacity was not supported by the evidence or the pre-trial minute, which established the issues for determination as including religious discrimination. The applicant's contract did not require Saturday work, and she had never worked on Saturdays during her employment. The court held that expert evidence was not necessary to establish the applicant's religious convictions…
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FOSAWU obo AB and Others v Fedics (Pty) Ltd and Another (JS261/2010) [2014] ZALCJHB 529; (2015) 36 ILJ 1078 (LC) (4 November 2014)
The court found that the individual applicants were subjected to verbal sexual harassment and unfair discrimination by the second respondent, including demeaning remarks about their private parts, sexual practices, and education. The employer, after being made aware of the complaints, failed to conduct a full investigation and issued an inadequate warning that did not address the nature of the misconduct. The employer's actions, including transferring the complainants rather than the perpetrator, did not constitute necessary steps to eliminate the conduct as required by section 60 of the Empl…
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South African Transport Allied Workers Union obo Finca v Old Mutual Life Assurance Company (SA) Limited and Another (C198/2004) [2006] ZALC 51; [2006] 8 BLLR 737 (LC); (2006) 27 ILJ 1204 (LC) (6 April 2006)
The Labour Court held that a racist workplace remark and the employer’s inadequate response amounted to unlawful discrimination, awarding compensation to Mr Finca.
Nkutha and Others v Fuel Gas Installations (Pty) Ltd (J 350/98) [1999] ZALC 165 (22 November 1999)
The Labour Court found union-member discrimination in salary increases and promotions, but held the applicants’ dismissal for an unprotected strike was fair.
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