South Africa Case Law

Brandt v Quoin Rock Wines (C152/2021)

Brandt v Quoin Rock Wines (C152/2021) [2022] ZALCCT 66; (2023) 44 ILJ 309 (LC) (27 October 2022)

Court

Labour Court Cape Town

Case number

C152/2021

Judge

Rabkin-Naicker

The court found that the applicant's dismissal was automatically unfair and directly related to her pregnancy and maternity leave. The respondent failed to provide substantive evidence that the dismissal was based on genuine operational requirements. The CEO's conduct, including anger at the applicant's maternity leave arrangements, removal of her access to work systems, and the timing of the retrenchment decision, demonstrated that the dismissal was not for permissible operational reasons. The applicant met her evidential burden, and the respondent did not discharge the onus to prove otherwi…

Source excerpt

• Automatically Unfair Dismissal
• Pregnancy Discrimination
• Maternity Leave Rights
• Compensation
• Section 187 Lra

Matthee v Kerradam Properties (Pty) Ltd t/a Cabanga Conference Centre (JS 487/09)

Matthee v Kerradam Properties (Pty) Ltd t/a Cabanga Conference Centre (JS 487/09) [2010] ZALC 103 (4 June 2010)

Court

Labour Court

Case number

JS 487/09

Judge

Bhoola

Labour Court held that the retrenchment was substantively fair but procedurally unfair because the employer failed to consult meaningfully under section 189.

• Unfair Dismissal
• Retrenchment
• Procedural Fairness
• Section 189 Consultation
• Compensation
• Maternity Leave Rights

Lukie v Rural Alliance CC T/a Rural Development Specialist (D 1022/2002)

Lukie v Rural Alliance CC T/a Rural Development Specialist (D 1022/2002) [2004] ZALC 43; [2004] 8 BLLR 769 (LC); (2004) 25 ILJ 1445 (LC) (28 May 2004)

Court

Labour Court

Case number

D 1022/2002

Judge

Francis

The Labour Court found that the applicant was dismissed because of her pregnancy and held the dismissal automatically unfair under section 187(1)(c).

• Automatic Unfair Dismissal
• Pregnancy Discrimination
• Section 187 Lra
• Compensation
• Maternity Leave Rights
• Automatic-unfair-dismissal