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South Africa Case Law

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Labour Law [2010] ZALC 117

Ehlers v Bohler Uddeholm Africa (Pty) Ltd (JS296/09)

Ehlers v Bohler Uddeholm Africa (Pty) Ltd (JS296/09) [2010] ZALC 117; (2010) 31 ILJ 2383 (LC) (13 August 2010)

Court
Labour Court
Case number
JS296/09
Judge
Francis

The Court found that the true reason for the applicant's dismissal was her status as a transsexual undergoing gender reassignment, not operational requirements or incompatibility. The respondent's requirement that she present as male and the subsequent termination of her employment constituted unfair discrimination on the grounds of sex and gender. The respondent failed to prove that reinstatement would be intolerable or impracticable. The applicant's dismissal was therefore automatically unfair under section 187(1)(f) of the LRA. The Court ordered reinstatement but dismissed claims for compe…

Source excerpt

  • Automatic Unfair Dismissal
  • Gender Discrimination
  • Employment Equity Act
  • Labour Relations Act
  • Constitutional Equality Clause
  • Workplace Discrimination
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Land And Property [2009] ZALCC 13

National Union of Mineworkers and Another v Murray & Roberts Cementations (Pty) Ltd and Another (LCC193/09)

National Union of Mineworkers and Another v Murray & Roberts Cementations (Pty) Ltd and Another (LCC193/09) [2009] ZALCC 13 (9 November 2009)

Court
Land Claims Court
Case number
LCC193/09
Judge
F C Bam

The court found that the applicant mineworkers, who had the consent of the landowner or mineral rights holder, qualify as 'occupiers' under ESTA, irrespective of the length of their contracts or the fact that their primary homes may be elsewhere. The court rejected the argument that ESTA protection is limited to those with permanent homes on the land and held that the word 'reside' in ESTA does not require permanency. The court further held that foreign nationals are not excluded from ESTA protection, as such exclusion would contravene the Equality Clause of the Constitution. The interim orde…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Definition Of Occupier
  • Unlawful Eviction
  • Constitutional Equality Clause
  • Restoration Of Possession
  • Costs Award
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.