Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Labour Law [2011] ZALCJHB 7

Allpass v Mooikloof Estates (Pty) Ltd t/a Mooikloof Equestrain Centre (JS178/09)

Allpass v Mooikloof Estates (Pty) Ltd t/a Mooikloof Equestrain Centre (JS178/09) [2011] ZALCJHB 7; 2011 (2) SA 638 (LC) ; [2011] 5 BLLR 462 (LC); (2011) 32 ILJ 1637 (LC) (16 February 2011)

The court found that the applicant's dismissal was primarily motivated by his HIV status, not by any inability to perform his duties or by dishonesty. The respondent failed to prove that the applicant's medical conditions, including his allergy to penicillin, rendered him incapable of fulfilling the inherent requirements of the job. The expectation that the applicant should have disclosed his HIV status violated his right to privacy and dignity. The respondent's reliance on alleged dishonesty and inherent job requirements was a thinly veiled attempt to disguise discrimination. The dismissal w…

  • Automatically Unfair Dismissal
  • Hiv Discrimination
  • Inherent Job Requirements
  • Employment Equity Act
  • Right To Privacy
  • Damages For Unfair Dismissal
Read case analysis

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.