Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Dayimani v National Department of Health and Another (JS753/18) [2019] ZALCJHB 44 (5 March 2019)
Default judgment application dismissed: the applicant failed to prove unfair discrimination, and his claims for relocation and travel costs also failed.
Sun International Limited v SACCAWU obo Ramerafe and Others (JR1501/17) [2019] ZALCJHB 31; [2019] 7 BLLR 733 (LC); (2019) 40 ILJ 1873 (LC) (26 February 2019)
Labour Court review of an equal pay award. The court set aside the arbitration award for misapplying the EEA and making an overbroad salary order.
Eskom Holdings SOC Limited v De Wet NO and Others (JR2568/14) [2018] ZALCJHB 258; (2018) 39 ILJ 2715 (LC) (16 August 2018)
The Court held that the amendments to the Employment Equity Act, including section 6(4) relating to equal pay, apply to disputes referred to the CCMA after the amendments became operative, regardless of when the dispute arose. The procedure is determined at the date of institution of proceedings, and since the dispute was referred to the CCMA after 1 August 2014, the amended provisions apply. The Court found that a reasonable attempt had been made to resolve the dispute internally, and the grievance related to pay differentiation as contemplated in section 6(4) of the EEA. The CCMA's jurisdic…
Source excerpt
Moche v Maunga Projects CC (JS508/17) [2018] ZALCJHB 265 (22 June 2018)
The Labour Court granted default judgment for unequal pay and leave benefits, finding the respondent’s justification discriminatory and ordering condonation.
Ludick v Pharmacare Ltd t/a Aspen Pharmacare (JS527/17) [2018] ZALCJHB 151 (27 March 2018)
The Labour Court refused condonation for a late statement of claim in an equal pay discrimination dispute, finding the delay inadequately explained.
Minister of Correctional Services and Others v Duma (CA10/2016) [2017] ZALAC 78; (2017) 38 ILJ 2487 (LAC) (23 June 2017)
The court held that the respondent failed to discharge the burden of proof required to establish unfair discrimination on the arbitrary ground of geographical location. While the respondent identified comparators in other provinces graded at a higher level, she did not provide concrete evidence that the differentiation was based solely on geography or that her work was of equal value to those comparators. The inference that geographical location was the sole reason for the difference in grading was not the most reasonable or apparent inference from the facts. Other plausible explanations, suc…
Source excerpt
South African Municipal Workers Union and Another v Nelson Mandela Bay Municipality (P483/11) [2015] ZALCPE 70; (2016) 37 ILJ 1203 (LC); [2016] 2 BLLR 202 (LC) (24 November 2015)
The court found that although there were disparities in remuneration and grading among assistant directors in the Human Settlement Directorate, the evidence did not establish that the differentiation was causally linked to Ms Tetyana's gender. Both male and female assistant directors were appointed at grade 15, and salary disparities were attributed to administrative anomalies and prior employment history, not gender. The applicants failed to demonstrate that being female was the reason for the less favourable treatment. The court held that a mere allegation of discrimination is insufficient;…
Source excerpt
Mangena and Others v Fila South Africa (Pty) Ltd and Others (JS 343/05) [2009] ZALC 81; (2010) 31 ILJ 662 (LC) ; [2009] 12 BLLR 1224 (LC) (28 August 2009)
The Labour Court dismissed claims of unfair discrimination in remuneration, finding no proof that Shabalala and McMullin did the same or equal-value work.
Explore more
