South Africa Case Law

Rustenburg Platinum Mine v SAEWA obo Bester and Others (CCT127/17)

Rustenburg Platinum Mine v SAEWA obo Bester and Others (CCT127/17) [2018] ZACC 13; (2018) 39 ILJ 1503 (CC); 2018 (8) BCLR 951 (CC); [2018] 8 BLLR 735 (CC); 2018 (5) SA 78 (CC) (17 May 2018)

Court

Constitutional Court

Case number

CCT 127/17

Judges

Zondo ACJ, Cameron J, Froneman J, Jafta J, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ

The Constitutional Court held that the use of the term 'swart man' by Mr Bester in the workplace context was racist and derogatory, given South Africa's history and the charged environment of the mining industry. The Court found that both the commissioner and the Labour Appeal Court misapplied the objective test by failing to consider the totality of circumstances and the impact of apartheid's legacy. The evidence established that such language was prohibited and detrimental in the workplace, and Mr Bester's denial and lack of remorse aggravated the misconduct. The Court concluded that dismis…

Source excerpt

• Unfair Dismissal
• Racist Conduct In Workplace
• Right To Dignity
• Right To Equality
• Objective Test For Racism
• Remedies For Unfair Dismissal