South Africa Case Law

Lagadien v Minister of the Department of Science and Technology and Another (JS 1042/17)

Lagadien v Minister of the Department of Science and Technology and Another (JS 1042/17) [2023] ZALCJHB 261 (27 September 2023)

Court

Labour Court Johannesburg

Case number

JS 1042/17

Judge

Tlhotlhalemaje

Labour Court held that an employee failed to prove constructive dismissal or disability discrimination after resigning; absolution from the instance was granted.

• Constructive Dismissal
• Disability Discrimination
• Reasonable Accommodation
• Automatically Unfair Dismissal
• Performance Assessment
• Grievance Procedure

General Industries Workers Union of South Africa and Another v African Explosives Limited (J2311/14)

General Industries Workers Union of South Africa and Another v African Explosives Limited (J2311/14) [2022] ZALCJHB 234; (2022) 43 ILJ 2496 (LC) (18 August 2022)

Court

Labour Court Johannesburg

Case number

J2311/14

Judge

P Nkutha-Nkontwana

The court found that effective communication was an inherent requirement of the Technologist position, as the incumbent was required to interact with both internal and external stakeholders, including suppliers and end users. The evidence established that Mr Tshaya suffered from a severe speech impediment, confirmed by a speech therapist, which rendered him unable to perform the essential communication functions required for the position. The respondent had taken reasonable steps to accommodate Mr Tshaya by promoting him to Lead Operator and providing necessary physical accommodations. The ap…

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• Unfair Discrimination
• Employment Equity Act
• Reasonable Accommodation
• Inherent Requirements Of Job
• Disability Discrimination

Legal Aid South Africa v Jansen (CA3/2019)

Legal Aid South Africa v Jansen (CA3/2019) [2020] ZALAC 37; (2020) 41 ILJ 2580 (LAC); [2020] 11 BLLR 1103 (LAC); 2021 (1) SA 245 (LAC) (21 July 2020)

Court

Labour Appeal Court

Case number

CA3/2019

Judges

Waglay, Phatshoane, Murphy

The Labour Appeal Court held that a paralegal’s dismissal for misconduct was not automatically unfair because of depression; the proximate cause was misconduct, not disability.

• Automatically Unfair Dismissal
• Disability Discrimination
• Employment Equity Act
• Labour Relations Act
• Code Of Good Practice Dismissal
• Automatically-unfair-dismissal

Van der Westhuizen v BDM Management (Pty) Ltd (C98/2013)

Van der Westhuizen v BDM Management (Pty) Ltd (C98/2013) [2018] ZALCCT 14 (10 May 2018)

Court

Labour Court Cape Town

Case number

C98/2013

Judge

Steenkamp

The applicant failed to prove that the respondent was in contempt of the Labour Court order. Although the respondent did not offer the applicant re-employment, it was established that no suitable vacancy outside the noise zone had arisen, and the applicant was medically prohibited from working in the noise zone. The respondent's reliance on medical advice was reasonable and not wilful or mala fide. The requirements for contempt, specifically wilfulness and mala fides, were not satisfied. Accordingly, the application for contempt was dismissed.

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• Contempt Of Court
• Settlement Agreement
• Unfair Dismissal
• Re Employment
• Disability Discrimination

Nagdee v Edcon (J1402/2015)

Nagdee v Edcon (J1402/2015) [2016] ZALCJHB 311 (26 June 2016)

Court

Labour Court Johannesburg

Case number

J1402/2015

Judge

Faan Coetzee

The Labour Court dismissed a condonation application for a late referral of an automatically unfair dismissal dispute, finding the delay excessive and inadequately explained.

• Automatically Unfair Dismissal
• Condonation
• Disability Discrimination
• Incapacity Procedure
• Automatically-unfair-dismissal
• Incapacity

Ernstzen v Reliance Group Trading (Pty) Ltd (C 717/13)

Ernstzen v Reliance Group Trading (Pty) Ltd (C 717/13) [2015] ZALCCT 42 (18 May 2015)

Court

Labour Court Cape Town

Case number

C 717/13

Judge

A J Steenkamp

The Labour Court initially had jurisdiction to consider the applicant's claim as pleaded, namely that his dismissal was automatically unfair due to disability discrimination. However, upon consideration of the common cause facts and the expert evidence, the applicant failed to establish that he suffered from a long-term physical impairment substantially limiting his employment prospects. The evidence showed that the applicant was able to secure similar employment after his dismissal, indicating that his injury did not amount to a disability as defined in employment law. Applying the test from…

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• Automatically Unfair Dismissal
• Disability Discrimination
• Jurisdiction Of Labour Court
• Referral To Arbitration

Ethekwini Metropolitan Municipality: Durban Metropolitan Police Services v Khanya and Others (DA9/2012)

Ethekwini Metropolitan Municipality: Durban Metropolitan Police Services v Khanya and Others (DA9/2012) [2014] ZALAC 48 (18 September 2014)

Court

Labour Appeal Court

Case number

DA9/2012

Judges

Waglay, Dlodlo, Mokgoathleng

Labour Appeal Court held it was wrong to review an arbitration award on a discrimination claim, dismissed the cross-appeal, and upheld the award.

• Unfair Labour Practice
• Promotion
• Disability Discrimination
• Employment Equity
• Arbitration Review
• Unfair-labour-practice

Strydom v Witzenberg Municipality (C558/2006)

Strydom v Witzenberg Municipality (C558/2006) [2008] ZALC 68; (2008) 29 ILJ 2947 (LC) (9 May 2008)

Court

Labour Court

Case number

C558/2006

Judge

Pillay D

Review of an incapacity dismissal was dismissed. The Labour Court held the municipality acted reasonably, and the employee did not tender work or show a viable alternative.

• Incapacity Dismissal
• Medical Boarding
• Reasonable Accommodation
• Procedural Fairness
• Disability Discrimination
• Incapacity-dismissal

Standard Bank of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 662/06)

Standard Bank of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 662/06) [2007] ZALC 98; [2008] 4 BLLR 356 (LC); (2008) 29 ILJ 1239 (LC) (25 December 2007)

Court

Labour Court

Case number

JR 662/06

Judge

Pillay D

The Labour Court found that Standard Bank failed to reasonably accommodate Ferreira's disability as required by the Labour Relations Act, Employment Equity Act, and associated Codes of Good Practice. The Bank did not obtain an occupational therapist report despite repeated medical recommendations, refused to provide necessary workstation adjustments, and did not meaningfully consult with Ferreira or technical experts. The Bank's refusal to consider half-day work or provide technical aids was not justified by operational requirements or undue hardship, especially given its financial resources.…

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• Incapacity Dismissal
• Reasonable Accommodation
• Employment Equity Act
• Disability Discrimination
• Labour Relations Act
• Procedural Fairness

Standard Bank of South Africa v Commission for Conciliation Mediation and Arbitration and Others (JR 662/06)

Standard Bank of South Africa v Commission for Conciliation Mediation and Arbitration and Others (JR 662/06) [2007] ZALC 152 (18 December 2007)

Court

Labour Court

Case number

JR 662/06

Judge

Pillay D

The court found that Standard Bank failed to reasonably accommodate Ferreira's disability as required by the Labour Relations Act, Employment Equity Act, and associated Codes of Good Practice. The Bank did not obtain an occupational therapist report despite repeated medical recommendations, failed to provide necessary equipment such as a headset and suitable chair, and did not consider half-day work or alternative arrangements. The Bank's actions were motivated by operational convenience rather than a genuine attempt to retain Ferreira in employment. The Bank measured Ferreira's performance a…

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• Reasonable Accommodation
• Incapacity Dismissal
• Employment Equity Act
• Disability Discrimination
• Labour Relations Act
• Procedural Fairness