South Africa Case Law

Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020)

Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020) [2023] ZALCCT 34 (27 June 2023)

Court

Labour Court Cape Town

Case number

C219/2020

Judge

Rabkin-Naicker

The Court found that the respondent's substance abuse policy, including the cannabis cut-off limit, is a reasonable and necessary measure aligned with statutory health and safety obligations in a hazardous work environment. Testing negative for cannabis above the prescribed limit is an inherent requirement of the applicant's job, given the operational risks at the refinery. The policy applies universally and does not target or disproportionately impact any cultural or religious group unfairly. The applicant was not suspended in terms of labour law, but rather had his access blocked for safety…

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• Unfair Discrimination
• Inherent Requirements Of Job
• Reasonable Accommodation
• Medical Testing
• Employment Equity Act
• Occupational Health And Safety

Marasi v Petroleum, Oil and Gas Corporation of South Africa (SOC) Ltd (C219/2020)

Marasi v Petroleum, Oil and Gas Corporation of South Africa (SOC) Ltd (C219/2020) [2023] ZALCCT 38; [2023] 10 BLLR 1043 (LC); (2023) 44 ILJ 2261 (LC) (27 June 2023)

Court

Labour Court Cape Town

Case number

C219/2020

Judge

Rabkin-Naicker

The Labour Court held that PetroSA’s substance-abuse policy was a lawful safety measure and dismissed claims of cultural discrimination and unfair labour practice.

• Unfair Discrimination
• Employment Equity Act
• Inherent Requirements Of Job
• Reasonable Accommodation
• Medical Testing
• Workplace Safety

Pharmaco Distribution (Pty) Ltd v W (JA104/2015)

Pharmaco Distribution (Pty) Ltd v W (JA104/2015) [2017] ZALAC 48; (2017) 38 ILJ 2496 (LAC) (4 July 2017)

Court

Labour Appeal Court

Case number

JA104/2015

Judges

Davis, Jappie, Kathree-Setiloane

The court held that clause 17.3 of the respondent's contract of employment, which allowed the employer to require medical and psychological testing at its discretion, was unlawful and unenforceable under section 7(1) of the Employment Equity Act, as consent is not a valid justification for such testing. The evidence showed that the respondent's bipolar disorder was well managed and did not affect her work performance, and that she was singled out for psychiatric assessment solely because of her disability. The employer's actions amounted to unfair discrimination and an automatically unfair di…

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• Automatically Unfair Dismissal
• Unfair Discrimination
• Employment Equity Act
• Medical Testing
• Compensation For Dismissal
• Injuria

Irvin & Johnson Limited v Trawler & Line Fishing Union and Others (C1126/2002)

Irvin & Johnson Limited v Trawler & Line Fishing Union and Others (C1126/2002) [2002] ZALC 105; (2003) 24 ILJ 565 (LC); 2003 (3) SA 212 (LC); [2003] 4 BLLR 379 (LC) (17 December 2002)

Court

Labour Court

Case number

C1126/2002

Judge

OL Rogers

The Labour Court held that anonymous, voluntary HIV testing of employees did not fall within section 7(2) of the Employment Equity Act.

• Employment Equity Act
• Hiv Testing
• Voluntary Testing
• Medical Testing
• Workplace Discrimination
• Hiv-testing