South Africa Case Law

Solidarity obo Oosthuizen v South African Police Service and Others (JS1030/17)

Solidarity obo Oosthuizen v South African Police Service and Others (JS1030/17) [2023] ZALCJHB 4; [2023] 3 BLLR 258 (LC); (2023) 44 ILJ 882 (LC) (10 January 2023)

Court

Labour Court Johannesburg

Case number

JS1030/17

Judge

P Nkutha-Nkontwana

The court found that Col. Oosthuizen was subjected to racial harassment and false accusations by WOs Tikoe and Mphana, which constituted unfair discrimination on the ground of race. The SAPS was made aware of the harassment but failed to take effective steps to eliminate it, instead protecting the perpetrators and transferring the victim. The investigation reports recommending disciplinary action against the WOs were ignored, and the disciplinary process was manipulated to suppress critical evidence. The SAPS failed to consult all relevant parties and did not act reasonably to prevent or corr…

Source excerpt

• Employment Equity Act
• Vicarious Liability
• Racial Harassment
• Unfair Discrimination
• Compensation For Dignity
• Disciplinary Procedure

Biggar v City of Johannesburg (Emergency Management Services) (JS232/09)

Biggar v City of Johannesburg (Emergency Management Services) (JS232/09) [2017] ZALCJHB 112 (31 March 2017)

Court

Labour Court Johannesburg

Case number

JS232/09

Judge

Nkutha-Nkontwana

The Labour Court dismissed the employer’s application for leave to appeal against a finding of unfair racial discrimination and ordered costs.

• Unfair Discrimination
• Employment Equity Act
• Burden Of Proof
• Leave To Appeal
• Racial Harassment
• Leave-to-appeal

Biggar v City of Johannesburg (Emergency Management Services) (JS232/09)

Biggar v City of Johannesburg (Emergency Management Services) (JS232/09) [2016] ZALCJHB 559; (2017) 38 ILJ 1806 (LC); [2017] 8 BLLR 783 (LC) (13 December 2016)

Court

Labour Court Johannesburg

Case number

JS232/09

Judge

Nkutha-Nkontwana

The Labour Court held that the City of Johannesburg unfairly discriminated against a fire fighter by tolerating racial harassment and disciplining him while sparing white colleagues.

• Employment Equity Act
• Unfair Discrimination
• Racial Harassment
• Vicarious Liability
• Disciplinary Action
• Hostile Work Environment

Biggar v City of Johannesburg, Emergency Management Services (JS 232/09)

Biggar v City of Johannesburg, Emergency Management Services (JS 232/09) [2011] ZALCJHB 5; [2011] 6 BLLR 577 (LC); (2011) 32 ILJ 1665 (LC) (10 February 2011)

Court

Labour Court Johannesburg

Case number

JS 232/09

Judge

Lagrange

The Labour Court held that the employer unfairly discriminated against the applicant by failing to stop racial harassment and by disciplining him alone after a workplace fight.

• Employment Equity Act
• Unfair Discrimination
• Racial Harassment
• Disciplinary Procedure
• Constitutional Rights
• Remedies For Discrimination