South Africa Case Law

Truter v Heat Tech Geysers (Pty) Ltd (JS40/14)

Truter v Heat Tech Geysers (Pty) Ltd (JS40/14) [2016] ZALCJHB 83 (2 March 2016)

Court

Labour Court Johannesburg

Case number

JS40/14

Judge

Golden

The court found that the applicant was dismissed by the respondent, not by voluntary resignation. The dismissal was motivated by prohibited grounds, specifically her sex and family responsibilities, as evidenced by the conduct and instructions of management. The respondent failed to provide credible evidence to rebut the applicant’s case, and its witnesses were contradicted on material facts. The applicant’s dismissal was thus automatically unfair under section 187(1)(f) of the LRA. The applicant was entitled to maximum compensation of 24 months’ salary, unpaid commission, and costs on an att…

Source excerpt

• Automatically Unfair Dismissal
• Sex Discrimination
• Family Responsibility
• Compensation For Unfair Dismissal
• Commission Claim
• Costs Award

Co-Operative Worker Association and Another v Petroleum Oil & Gas Co-Operative of SA and Others (C437/2003)

Co-Operative Worker Association and Another v Petroleum Oil & Gas Co-Operative of SA and Others (C437/2003) [2006] ZALC 83; [2007] 1 BLLR 55 (LC); (2007) 28 ILJ 627 (LC) (1 September 2006)

Court

Labour Court

Case number

C437/2003

Judge

Pillay D

The Labour Court held that payment differences favouring employees with dependants were not unfair discrimination and dismissed the claim.

• Employment Equity Act
• Unfair Discrimination
• Collective Bargaining
• Family Responsibility
• Remuneration Policy
• Unfair-discrimination