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South Africa Case Law

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Labour Law [2024] ZALCJHB 501

Padayachee v Gauteng Department of Education (JS485/23)

Padayachee v Gauteng Department of Education (JS485/23) [2024] ZALCJHB 501; [2025] 4 BLLR 428 (LC) (1 December 2024)

Court
Labour Court Johannesburg
Case number
JS485/23
Judge
RN Daniels

The court found that the defendant's officials engaged in persistent and serious unwanted conduct towards the plaintiff, including unjustified claims of language and cultural barriers, ostracism, and the appointment of an auxiliary social worker without basis. This conduct amounted to harassment and unfair discrimination on the grounds of race, culture, ethnicity, and language, as prohibited by the Employment Equity Act. The defendant failed to take any meaningful steps to address the plaintiff's grievances or investigate the complaints, thereby rendering itself liable for the discriminatory…

Source excerpt

  • Employment Equity Act
  • Unfair Discrimination
  • Harassment
  • Language Discrimination
  • Racial Discrimination
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Constitutional Law [2024] ZAWCHC 124

C.P v Venter and Others (EC 09/2021)

C.P v Venter and Others (EC 09/2021) [2024] ZAWCHC 124; 2024 (6) SA 586 (WCC) (8 May 2024)

Court
Western Cape High Court, Cape Town
Case number
EC 09/2021
Judge
J Cloete

The court held that the Equality Court may not sit as both a High Court and Equality Court in the absence of parallel proceedings in the High Court. The Equality Court is a distinct forum with jurisdiction limited to causes of action provided for by the Equality Act. Relief sought under the Constitution or other statutes must be pursued in the appropriate forum. The applicant's allegations of harassment and discrimination did not establish a prima facie case under the Equality Act, as there was no evidential basis linking the conduct to prohibited grounds such as race or language. The school’…

Source excerpt

  • Equality Court Jurisdiction
  • Promotion Of Equality And Prevention Of Unfair Discrimination Act
  • Harassment
  • Language Discrimination
  • Constitutional Declaratory Relief
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.