South Africa Case Law

Department of Higher Education and Training and Another v Dladla (JS240/2022)

Department of Higher Education and Training and Another v Dladla (JS240/2022) [2025] ZALCJHB 339 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS240/2022

Judge

Riaz Itzkin

The court found that although the explanation for the delay in both delivering the statement of response and launching the condonation application was imperfect and included periods that were unaccounted for, the delay was not so flagrant and gross as to justify refusing condonation without considering the merits. The applicants demonstrated sufficient prospects of success in opposing the main claim, as the salary disparities were not caused by them but were a result of historical employment conditions and subsequent transfer, with standardization and partial back-pay having occurred. The int…

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• Condonation
• Unfair Discrimination
• Employment Equity Act
• Delay Explanation
• Prospects Of Success

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24)

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24) [2025] ZALCJHB 296 (30 June 2025)

Court

Labour Court Johannesburg

Case number

JS198/24

Judge

W Kruger

The Labour Court does not have jurisdiction to adjudicate claims under the Employment Equity Act unless the dispute has first been referred to the CCMA for conciliation, as required by sections 10(5) and 10(6) of the EEA. The applicant failed to refer an unfair discrimination dispute under the EEA to the CCMA, and only the unfair dismissal claim under section 187(1)(f) of the LRA was properly before the court. Granting leave to amend the statement of case to include EEA relief would allow the applicant to pursue claims over which the court has no jurisdiction, resulting in further procedural…

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• Employment Equity Act
• Unfair Dismissal
• Jurisdiction
• Statement Of Case Amendment
• Conciliation Requirement

Forbay and Others v University of South Africa (J493819)

Forbay and Others v University of South Africa (J493819) [2025] ZALCJHB 254 (20 June 2025)

Court

Labour Court Johannesburg

Case number

J493819

Judge

Mahosi

The Labour Court dismissed a discrimination claim by four UNISA managers, finding no proof of race or gender-based harassment, victimisation, or unfair treatment.

• Employment Equity Act
• Unfair Discrimination
• Harassment
• Burden Of Proof
• Performance Appraisal
• Disciplinary Procedure

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23)

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23) [2025] ZALCJHB 200 (27 May 2025)

Court

Labour Court Johannesburg

Case number

JS 560/23

Judge

Mabaso

The Court found that the Respondent's refusal to employ the Applicant was not irrational or unfairly discriminatory. The Respondent's conduct was justified by its legal obligation to comply with the Immigration Act, which requires a Corporate Visa to employ foreign nationals. The Applicant failed to prove that the Respondent possessed or was required to apply for such a visa, and her reliance on section 19 of the Immigration Act was misplaced, as that provision had been repealed. The Respondent's recruitment policy was consistent with statutory requirements, and the Applicant did not meet the…

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• Employment Equity Act
• Unfair Discrimination
• Corporate Visa Requirements
• Immigration Act Compliance

Adewale v Department of Social Development Gauteng Province (J1046/23)

Adewale v Department of Social Development Gauteng Province (J1046/23) [2025] ZALCJHB 267 (20 May 2025)

Court

Labour Court Johannesburg

Case number

J1046/23

Judge

M T M Phehane

The Labour Court dismissed a default judgment application for unfair discrimination, finding no pleaded prohibited ground, no dignity impairment, and no quantified damages.

• Employment Equity Act
• Unfair Discrimination
• Harassment In The Workplace
• Quantification Of Damages
• Unfair-discrimination
• Workplace-harassment

Viljoen v Peninsula Plumbing and Engineering Wroks (Pty) Ltd (C383/2021)

Viljoen v Peninsula Plumbing and Engineering Wroks (Pty) Ltd (C383/2021) [2025] ZALCCT 31 (15 May 2025)

Court

Labour Court Cape Town

Case number

C383/2021

Judge

Lagrange

The court found that the evidence overwhelmingly supported the existence of a two-tier retirement age policy at the respondent firm, distinguishing between site workers (retirement at 60) and administrative/supervisory staff (retirement at 65). The plaintiff, Viljoen, was employed as an artisan plumber and subject to the retirement age of 60, as confirmed by the Building Industry Bargaining Council agreement, the company's retirement policy, and signed annexures to employment contracts. The differential treatment was justified by the nature of the work and industry practice. The court held th…

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• Automatically Unfair Dismissal
• Retirement Policy
• Age Discrimination
• Labour Relations Act
• Employment Equity Act

Walker v Commission for Conciliation Mediation and Arbitration and Others (C179/2023)

Walker v Commission for Conciliation Mediation and Arbitration and Others (C179/2023) [2025] ZALCCT 25 (14 May 2025)

Court

Labour Court Cape Town

Case number

C179/2023

Judge

R Lagrange

The court found that the arbitrator reasonably concluded there was no unfair discrimination against Walker on medical grounds. Walker was subject to the same disciplinary processes as other employees suspected of call avoidance, and his medical condition was accommodated by allowing him to work from home. The evidence did not establish that the employer failed to take necessary steps to address alleged harassment, nor was there sufficient factual material to hold the employer liable under section 60 of the Employment Equity Act. The arbitrator's focus on differential treatment was justified,…

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• Unfair Discrimination
• Employment Equity Act
• Harassment In The Workplace
• Review Of Arbitration Award

Association of Mineworkers and Construction Union v Chamber of Mines of South Africa and Others (JA 20/2023)

Association of Mineworkers and Construction Union v Chamber of Mines of South Africa and Others (JA 20/2023) [2025] ZALAC 41 (14 May 2025)

Court

Labour Appeal Court

Case number

JA 20/2023

Judges

Savage, Musi, Jolwana

The Labour Appeal Court refused to allow AMCU to broaden its discrimination claim to include management comparators, and upheld exclusion of related evidence.

• Employment Equity Act
• Unfair Discrimination
• Income Differentials
• Amendment Of Pleadings
• Collective Agreements
• Employment-equity-act

Moleme v Induradec Coatings (Pty) Ltd (D581/2023)

Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD 18 (7 May 2025)

Court

Labour Court Durban

Case number

D581/2023

Judge

Allen-Yaman

Labour Court held that placing a pregnant employee on extended unpaid maternity leave without proper risk assessment was unfair discrimination.

• Pregnancy Discrimination
• Employment Equity Act
• Basic Conditions Of Employment Act
• Code Of Good Practice
• Compensation For Unfair Discrimination
• Pregnancy-discrimination

Harmony Gold Mining Company Limited v Commission for Conciliation, Mediation and Arbitration and Other (J409/2024)

Harmony Gold Mining Company Limited v Commission for Conciliation, Mediation and Arbitration and Other (J409/2024) [2025] ZALCJHB 176 (5 May 2025)

Court

Labour Court Johannesburg

Case number

J409/2024

Judge

Phakedi

The court found that the appellant's late filing of the appeal was not excessively delayed and the explanation provided was reasonable; condonation was granted. On the merits, the court held that the appellant failed to take all necessary steps to eliminate racial harassment as required by section 60 of the Employment Equity Act. The company relied solely on polygraph evidence, which was inconclusive and unsupported by direct evidence, and did not properly consult all relevant parties or investigate the incident. The criminal conviction of Van Zyl for using the 'K-word' was accepted as proof…

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• Employment Equity Act
• Racial Discrimination
• Vicarious Liability
• Polygraph Evidence
• Workplace Harassment