South Africa Case Law

La Foy v Department of Justice and Constitutional Development and Others (J1952/2017)

La Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 127; (2023) 44 ILJ 1733 (LC) (2 May 2023)

Court

Labour Court Johannesburg

Case number

J1952/2017

Judge

GN Moshoana

The court held that, applying the established test for absolution from the instance, there was sufficient evidence presented by the applicant relating to the elements of a claim for unfair discrimination based on harassment on arbitrary grounds. The applicant testified to multiple instances of ostracizing, exclusion, selective discipline, and humiliation, which, if accepted as true at this stage, could reasonably support a finding in her favour. The court emphasized that at this stage, credibility findings are not made, and the evidence must be considered as true. Furthermore, the constitutio…

Source excerpt

• Unfair Discrimination
• Harassment
• Absolution From The Instance
• Employment Equity Act
• Hostile Work Environment

Biggar v City of Johannesburg (Emergency Management Services) (JS232/09)

Biggar v City of Johannesburg (Emergency Management Services) (JS232/09) [2016] ZALCJHB 559; (2017) 38 ILJ 1806 (LC); [2017] 8 BLLR 783 (LC) (13 December 2016)

Court

Labour Court Johannesburg

Case number

JS232/09

Judge

Nkutha-Nkontwana

The Labour Court held that the City of Johannesburg unfairly discriminated against a fire fighter by tolerating racial harassment and disciplining him while sparing white colleagues.

• Employment Equity Act
• Unfair Discrimination
• Racial Harassment
• Vicarious Liability
• Disciplinary Action
• Hostile Work Environment