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South Africa decisions
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GIWUSA obo Malemone and Others v Mashaba NO and Others (JR1124/19) [2021] ZALCJHB 356 (13 October 2021)
Labour Court review of a dismissal for refusing polygraph testing. The court held the arbitrator’s award was reasonable and dismissed the review.
Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015) [2017] ZALCJHB 166 (3 May 2017)
The Labour Court refused leave to appeal, holding that the applicant had not shown reasonable prospects of success on claims about dismissal, discrimination, or psychological testing.
Association of Test Publishers of South Africa v President of the Republic of South Africa and Others (89564/14) [2017] ZAGPPHC 144; [2017] 8 BLLR 850 (GP); (2017) 38 ILJ 2253 (GP) (3 May 2017)
The court found that the President's decision to bring section 8(d) of the Employment Equity Amendment Act into operation was irrational and invalid, as no regulatory framework existed for the certification of psychological testing and similar assessments by the third respondent at the time of promulgation. The distinction between 'certify' and 'classify' was material, and the existing policy only provided for classification, not certification. The absence of published objective criteria and procedures for certification rendered the amendment unworkable and prohibited the use of tests without…
Source excerpt
Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015) [2016] ZALCJHB 570 (3 November 2016)
The Labour Court dismissed an application for leave to appeal in a dismissal dispute, finding no reasonable prospects of success on the record.
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