South Africa Case Law

Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18)

Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18) [2025] ZALCJHB 123 (25 March 2025)

Court

Labour Court Johannesburg

Case number

JR2354/18

Judge

VG Mkwibiso

Condonation for the late filing of the review application was refused due to a significant delay of 16 months and an unreasonable explanation for the delay. The applicants waited for the outcome of another arbitration in which they were not parties, which did not constitute a valid legal reason for the delay. Even if condonation were granted, the prospects of success were poor because the applicants failed to allege a ground of discrimination analogous to those listed in section 6(1) of the Employment Equity Act. The Labour Appeal Court in Naidoo v Parliament of the Republic of South Africa e…

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• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Condonation
• Arbitrary Ground
• Unfair Labour Practice

NEHAWU obo Mdliva v National Zoological Gardens of SA and Others (JS274/21)

NEHAWU obo Mdliva v National Zoological Gardens of SA and Others (JS274/21) [2024] ZALCJHB 469 (26 November 2024)

Court

Labour Court Johannesburg

Case number

JS274/21

Judge

M Naidoo

The Labour Court dismissed an unfair discrimination claim over pay disparity, finding the employer’s explanation for the different salaries rational and justifiable.

• Employment Equity Act
• Equal Pay For Equal Work
• Unfair Discrimination
• Burden Of Proof
• Salary Negotiation
• Remuneration Policy

Passenger Rail Agency of South Africa v Hoyo (CA04/2023)

Passenger Rail Agency of South Africa v Hoyo (CA04/2023) [2024] ZALAC 57; [2025] 2 BLLR 160 (LAC); (2025) 46 ILJ 1123 (LAC) (6 November 2024)

Court

Labour Appeal Court

Case number

CA4/2023

Judges

Savage, Mlambo, Davis

The Labour Appeal Court held that PRASA did not unfairly discriminate against Mr Hoyo in pay. The appeal succeeded and his claim was dismissed.

• Employment Equity Act
• Equal Pay For Equal Work
• Unfair Discrimination
• Burden Of Proof
• Income Differentials
• Equal-pay-for-equal-work

AMCU obo Members v Aberdare Cables (Pty) Ltd and Others (P135/2021)

AMCU obo Members v Aberdare Cables (Pty) Ltd and Others (P135/2021) [2023] ZALCPE 26; [2024] 3 BLLR 276 (LC); (2024) 45 ILJ 511 (LC) (20 December 2023)

Court

Labour Court Port Elizabeth

Case number

P135/2021

Judge

Prinsloo

The court held that the appellant failed to identify or plead any arbitrary ground of discrimination as required by section 6(1) of the Employment Equity Act. Mere differentiation in remuneration between employees performing the same or substantially the same work does not amount to unfair discrimination unless it is based on a listed or analogous ground that impairs human dignity. The differentiation implemented by the respondent was rational, based on business necessity and collective bargaining, and justified by operational requirements and length of service. The appellant's case rested so…

Source excerpt

• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Arbitrary Ground
• Collective Agreements

National Union of Metalworkers of South Africa obo Mathoba v South Ocean Electric Wires Company (Pty) Ltd and Others (JR 49/19)

National Union of Metalworkers of South Africa obo Mathoba v South Ocean Electric Wires Company (Pty) Ltd and Others (JR 49/19) [2023] ZALCJHB 248 (25 August 2023)

Court

Labour Court Johannesburg

Case number

JR 49/19

Judge

Tlhotlhalemaje

The Labour Court set aside a CCMA award after finding the commissioner wrongly refused oral evidence in an equal-pay discrimination dispute.

• Employment Equity Act
• Equal Pay For Equal Work
• Unfair Discrimination
• Arbitration Review
• Burden Of Proof
• Labour-law

SACCAWU obo Mabaso and Others v Masstores (Pty) Ltd t/a Makro (JS 618/19)

SACCAWU obo Mabaso and Others v Masstores (Pty) Ltd t/a Makro (JS 618/19) [2023] ZALCJHB 49 (9 March 2023)

Court

Labour Court Johannesburg

Case number

JS 618/19

Judge

G Mthalane

The Labour Court dismissed a race-based pay discrimination claim, finding the salary difference was explained by neutral recruitment and grading practices.

• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Burden Of Proof
• Salary Band Adjustment
• Labour-law

UASA obo Maritz and Another v Ekurhuleni Metropolitan Municipality (JS 237/17; JS 238/17)

UASA obo Maritz and Another v Ekurhuleni Metropolitan Municipality (JS 237/17; JS 238/17) [2022] ZALCJHB 285 (6 October 2022)

Court

Labour Court Johannesburg

Case number

JS 237/17; JS 238/17

Judge

S. B. Radebe

The Labour Court dismissed a race-based equal pay claim, finding the applicants failed to prove they did the same or substantially the same work as comparators.

• Employment Equity Act
• Equal Pay For Equal Work
• Unfair Discrimination
• Comparators
• Remuneration Disparity
• Employment-equity-act

Premier FMCG (PTY) Ltd t/a Blue Ribbon Bakery v Food and Allied Workers Union obo Members and Others (C530/2019)

Premier FMCG (PTY) Ltd t/a Blue Ribbon Bakery v Food and Allied Workers Union obo Members and Others (C530/2019) [2022] ZALCCT 52; (2022) 43 ILJ 2584 (LC) (22 August 2022)

Court

Labour Court Cape Town

Case number

C530/2019

Judge

Lagrange

The court held that the arbitrator erred in joining Mill employees who were not part of the original dispute referred for conciliation, as this contravened the statutory requirement that all parties to a dispute must be conciliated before adjudication. The court further found that length of service is expressly recognized by the Employment Equity Regulations as a fair and rational basis for pay differentiation and does not constitute an arbitrary ground of discrimination under section 6(1) of the Employment Equity Act. No evidence was presented that length of service indirectly resulted in di…

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• Equal Pay For Equal Work
• Employment Equity Act
• Arbitrary Ground Discrimination
• Joinder Of Parties
• Conciliation Requirement

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016)

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016) [2022] ZALCJHB 177; (2022) 43 ILJ 2524 (LC) (6 July 2022)

Court

Labour Court Johannesburg

Case number

JS28/2016

Judge

Nkutha-Nkontwana

Labour Court held the applicant failed to prove race-based pay discrimination where comparators performed different work of greater scope and responsibility.

• Employment Equity Act
• Pay Discrimination
• Equal Pay For Equal Work
• Onus Of Proof
• Job Evaluation
• Remuneration Disparity

Mdunjeni-Ncula v MEC, Department of Health and Another (PA10/2019)

Mdunjeni-Ncula v MEC, Department of Health and Another (PA10/2019) [2021] ZALAC 29; (2021) 42 ILJ 2393 (LAC); [2021] 12 BLLR 1195 (LAC) (20 September 2021)

Court

Labour Appeal Court

Case number

PA10/2019

Judges

Davis JA, Coppin JA, Kubushi AJA

The Labour Appeal Court held that the appellant failed to prove gender-based pay discrimination under the EEA and dismissed the appeal with costs.

• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Burden Of Proof
• Comparators In Discrimination
• Remuneration Disparity