South Africa Case Law

Van Straaten v Wehnche and Others (JR1876/21)

Van Straaten v Wehnche and Others (JR1876/21) [2024] ZALCJHB 297 (23 February 2024)

Court

Labour Court Johannesburg

Case number

JR1876/21

Judge

Swanepoel

The court found that the Applicant's Facebook comment directed at Mr Singh constituted racism and was objectively abusive, impairing dignity and bringing the employer into disrepute. The arbitrator's decision that the dismissal was both procedurally and substantively fair was reasonable and supported by credible evidence, including prior warnings and applicable company policies. The Applicant's reliance on freedom of expression was misplaced, as such right does not protect racist speech. Allegations of bias, tampering, and procedural unfairness were unsubstantiated. The employment relationshi…

Source excerpt

• Unfair Dismissal
• Racism In The Workplace
• Freedom Of Expression
• Disciplinary Procedure
• Costs Award
• Social Media Misconduct

Edcon Limited v Cantamessa and Others (JR30/17)

Edcon Limited v Cantamessa and Others (JR30/17) [2019] ZALCJHB 273; (2020) 41 ILJ 195 (LC); [2020] 2 BLLR 186 (LC) (11 October 2019)

Court

Labour Court Johannesburg

Case number

JR30/17

Judge

Cele

The court held that Edcon was entitled to discipline and dismiss Ms Cantamessa for her Facebook post, despite it being made outside working hours and off-site. The post was publicly associated with Edcon due to her profile, was a racial slur directed at Black persons in government, and had the potential to seriously damage Edcon's reputation and the employment relationship. The commissioner erred by focusing narrowly on the applicability of internal policies and failing to appreciate the broader connection between the misconduct and the employment relationship. The parity principle did not re…

Source excerpt

• Unfair Dismissal
• Social Media Misconduct
• Employment Relationship
• Parity Principle
• Freedom Of Expression
• Racism In The Workplace

Duncanmec (Pty) Limited v Gaylard NO and Others (CCT284/17)

Duncanmec (Pty) Limited v Gaylard NO and Others (CCT284/17) [2018] ZACC 29; 2018 (11) BCLR 1335 (CC); [2018] 12 BLLR 1137 (CC); 2018 (6) SA 335 (CC); (2018) 39 ILJ 2633 (CC) (13 September 2018)

Court

Constitutional Court

Case number

CCT284/17

Judges

Zondo DCJ, Cachalia AJ, Dlodlo AJ, Froneman J, Goliath AJ, Jafta J, Khampepe J, Madlanga J, Petse AJ, Theron J

The Constitutional Court held that an arbitrator reasonably reinstated employees who sang an offensive struggle song during an unprotected strike.

• Unfair Dismissal
• Racism In The Workplace
• Administrative Action Review
• Sidumo Test
• Struggle Songs
• Substantive Fairness

South African Transport Allied Workers Union obo Finca v Old Mutual Life Assurance Company (SA) Limited and Another (C198/2004)

South African Transport Allied Workers Union obo Finca v Old Mutual Life Assurance Company (SA) Limited and Another (C198/2004) [2006] ZALC 51; [2006] 8 BLLR 737 (LC); (2006) 27 ILJ 1204 (LC) (6 April 2006)

Court

Labour Court

Case number

C198/2004

Judge

E Revelas

The Labour Court held that a racist workplace remark and the employer’s inadequate response amounted to unlawful discrimination, awarding compensation to Mr Finca.

• Employment Equity Act
• Unfair Discrimination
• Racism In The Workplace
• Compensation For Discrimination
• Bill Of Rights
• Disciplinary Procedure