McMahon v BDFM Publishers (Pty) Ltd (PS53/17) [2019] ZAECPEHC 43 (5 July 2019)
Court
Eastern Cape High Court, Port Elizabeth
Case number
PS53/17
Judge
Lallie
The Labour Court found that the respondent unfairly discriminated against the applicant on the basis of disability and failed to reasonably accommodate her.
Reynhardt v University of South Africa (JS 1061/02) [2007] ZALC 96; [2008] 4 BLLR 318 (LC); (2008) 29 ILJ 725 (LC) (17 September 2007)
Court
Labour Court
Case number
JS 1061/02
Judge
Ndlovu AJ
The court found that the respondent's officials misrepresented the actual racial profile of Deans at the time of the applicant's interview, incorrectly asserting that numerical targets for Black representation had not been met. In fact, the evidence established that the target ratio had already been reached and surpassed, making further preferential treatment unlawful under both the Employment Equity Act and the respondent's own policy. The respondent's reliance on incorrect statistics led to the application of employment equity considerations in circumstances where only merit should have pre…