South Africa Case Law

Samancor Chrome Ltd (Eastern Chrome Mines) v NUM obo Mahlangu and Others (J817/15)

Samancor Chrome Ltd (Eastern Chrome Mines) v NUM obo Mahlangu and Others (J817/15) [2018] ZALCJHB 435; [2019] 1 BLLR 82 (LC) (29 August 2018)

Court

Labour Court Johannesburg

Case number

J817/15

Judge

Steenkamp

The Labour Court upheld an employer’s appeal against a pregnancy-discrimination award, finding unpaid leave was due to lack of suitable alternative work.

• Employment Equity Act
• Unfair Discrimination
• Pregnancy Policy
• Burden Of Proof
• Remedies In Labour Law
• Pregnancy-discrimination

Head of Department: Department of Education, Free State Province v Welkom High School and Another, Head of Department: Department of Education, Free State Province v Harmony High School and Another (766/2011, 767/2011)

Head of Department: Department of Education, Free State Province v Welkom High School and Another, Head of Department: Department of Education, Free State Province v Harmony High School and Another (766/2011, 767/2011) [2012] ZASCA 150; 2012 (6) SA 525 (SCA); [2012] 4 All SA 614 (SCA) (28 September 2012)

Court

Supreme Court of Appeal

Case number

766/2011, 767/2011

Judges

MPATI P, CLOETE JA, MHLANTLA JA, THERON JA, PLASKET AJA

The Supreme Court of Appeal held that the Head of Department (HOD) lacked authority under the South African Schools Act to instruct school principals to disregard pregnancy policies adopted by school governing bodies. The adoption of such policies is a governance function reserved for the governing body, not the HOD. Even if the policies are unlawful or unconstitutional, they remain valid and binding until set aside by a court in judicial review proceedings. The HOD's attempt to mount a collateral challenge was rejected, as such a challenge is only available to persons threatened with coerciv…

Source excerpt

• School Governance
• Code Of Conduct
• Principle Of Legality
• Administrative Action
• Collateral Challenge
• Pregnancy Policy