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South Africa decisions
Decisions matching the current search
Sali v National Commissioner of South African Police Services (PA9/13) [2013] ZALCPE 29 (13 August 2013)
The Labour Court refused leave to appeal in a dispute about alleged age discrimination in police enlistment, finding no reasonable prospect of a different result.
Kesolofetse and Others v Impala Platinum Beperk (862/2004) [2006] ZANWHC 41 (8 June 2006)
The court dismissed an application for leave to appeal, finding no factual basis for the discrimination claim and no reasonable prospect of a different outcome.
Koto and Another v General Public Service Sectoral Bargaining Council and Others (P254/03) [2005] ZALC 45; (2005) 26 ILJ 481 (LC); [2005] 6 BLLR 572 (LC) (1 February 2005)
The court found that the applicant was unfairly discriminated against on the basis of race, gender, sex, and language during the promotion process. The School Governing Body changed the Interviewing Committee's preference list for discriminatory reasons, as evidenced by the minutes and the conduct of the review panel. The review panel was unlawfully constituted, biased, and its recommendation lacked statutory basis. The Department failed to follow prescribed procedures and did not justify the appointment of Mr Jacobs. The court held that the filling of the post was both procedurally and subst…
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Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa and Another (402/03) [2004] ZASCA 69; [2004] 4 All SA 16 (SCA); 2005 (1) SA 47 (SCA) (2 September 2004)
The Supreme Court of Appeal dismissed Radio Pretoria’s appeal as moot, holding that the expired temporary licence meant no practical effect could follow.
McInnes v Technikon Natal (D322/98) [2000] ZALC 152 (1 March 2000)
The Labour Court held that a lecturer had a reasonable expectation of permanent renewal and was unfairly dismissed; the respondent's affirmative action decision was unlawful.
Independent Municipal & Allied Workers Union v Greater Louis Trichardt Transitional Local Council (J 644/97) [1999] ZALC 107 (16 July 1999)
The court found that the Respondent did not have a properly formulated or implemented affirmative action programme as required by the collective agreement and the Labour Relations Act. The appointment of Masengana was based solely on race, without consideration of merit, experience, or potential to develop, and was not justified by any legitimate affirmative action policy. The Respondent failed to demonstrate that the appointment was rationally connected to the advancement of disadvantaged persons or that it complied with the internal requirements of the law. The decision amounted to arbitrar…
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Kadiaka v Amalgamated Beverage Industries (J1168/97) [1998] ZALC 88 (28 October 1998)
The court found that ABI's refusal to employ ex-New Age employees constituted discrimination, as it treated a class of applicants differently. However, this discrimination was not on any of the listed grounds in the Labour Relations Act, but rather on an arbitrary ground. The court held that not all arbitrary discrimination is unfair; it must be assessed in light of commercial justification and societal values. ABI's policy was motivated by bona fide commercial reasons: maintaining morale, rewarding loyalty, ensuring brand commitment, and avoiding corruption. The ban was temporary and not vin…
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