South Africa Case Law

Mkhatshwa v Shaduka Coal (PTY) Ltd (JS28/16)

Mkhatshwa v Shaduka Coal (PTY) Ltd (JS28/16) [2022] ZALCJHB 315 (7 November 2022)

Court

Labour Court Johannesburg

Case number

JS28/16

Judge

P Nkutha-Nkontwana

The application for condonation was filed 40 days late, which is excessive. The explanation provided by the applicant, namely the forwarding of the judgment to the wrong email address and the attorney's engagement in another matter, is unreasonable and does not constitute a sufficient basis for condonation. The applicant conceded that his comparators were performing different functions, which undermines his pay discrimination claim. Upon consideration of all relevant factors, including the lack of reasonable prospects of success and the absence of a reasonable explanation for the delay, the c…

Source excerpt

• Condonation
• Leave To Appeal
• Pay Discrimination
• Practice Manual
• Late Filing

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016)

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016) [2022] ZALCJHB 177; (2022) 43 ILJ 2524 (LC) (6 July 2022)

Court

Labour Court Johannesburg

Case number

JS28/2016

Judge

Nkutha-Nkontwana

Labour Court held the applicant failed to prove race-based pay discrimination where comparators performed different work of greater scope and responsibility.

• Employment Equity Act
• Pay Discrimination
• Equal Pay For Equal Work
• Onus Of Proof
• Job Evaluation
• Remuneration Disparity