South Africa Case Law

Sun International Management Limited v Sayiti (JA 13/23)

Sun International Management Limited v Sayiti (JA 13/23) [2024] ZALAC 52; [2025] 1 BLLR 9 (LAC) (21 October 2024)

Court

Labour Appeal Court

Case number

JA 13/23

Judges

Savage, Van Niekerk, Nkutha-Nkontwana

The majority held that weekend work was an inherent requirement of the Marketing Manager position, as established by the employment contract, internal vacancy specification, and operational needs. The appellant accommodated the respondent's religious beliefs for a significant period, but the continued accommodation became unsustainable and disruptive to business operations. The appellant offered the respondent an alternative position, which he declined. The majority found that the appellant took reasonable steps to accommodate the respondent and that the dismissal was substantively and proced…

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• Automatic Unfair Dismissal
• Religious Discrimination
• Inherent Requirement Of Job
• Reasonable Accommodation
• Employment Equity Act
• Labour Relations Act

Lagadien v Minister of the Department of Science and Technology and Another (JS 1042/17)

Lagadien v Minister of the Department of Science and Technology and Another (JS 1042/17) [2023] ZALCJHB 261 (27 September 2023)

Court

Labour Court Johannesburg

Case number

JS 1042/17

Judge

Tlhotlhalemaje

Labour Court held that an employee failed to prove constructive dismissal or disability discrimination after resigning; absolution from the instance was granted.

• Constructive Dismissal
• Disability Discrimination
• Reasonable Accommodation
• Automatically Unfair Dismissal
• Performance Assessment
• Grievance Procedure

Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020)

Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020) [2023] ZALCCT 34 (27 June 2023)

Court

Labour Court Cape Town

Case number

C219/2020

Judge

Rabkin-Naicker

The Court found that the respondent's substance abuse policy, including the cannabis cut-off limit, is a reasonable and necessary measure aligned with statutory health and safety obligations in a hazardous work environment. Testing negative for cannabis above the prescribed limit is an inherent requirement of the applicant's job, given the operational risks at the refinery. The policy applies universally and does not target or disproportionately impact any cultural or religious group unfairly. The applicant was not suspended in terms of labour law, but rather had his access blocked for safety…

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• Unfair Discrimination
• Inherent Requirements Of Job
• Reasonable Accommodation
• Medical Testing
• Employment Equity Act
• Occupational Health And Safety

Marasi v Petroleum, Oil and Gas Corporation of South Africa (SOC) Ltd (C219/2020)

Marasi v Petroleum, Oil and Gas Corporation of South Africa (SOC) Ltd (C219/2020) [2023] ZALCCT 38; [2023] 10 BLLR 1043 (LC); (2023) 44 ILJ 2261 (LC) (27 June 2023)

Court

Labour Court Cape Town

Case number

C219/2020

Judge

Rabkin-Naicker

The Labour Court held that PetroSA’s substance-abuse policy was a lawful safety measure and dismissed claims of cultural discrimination and unfair labour practice.

• Unfair Discrimination
• Employment Equity Act
• Inherent Requirements Of Job
• Reasonable Accommodation
• Medical Testing
• Workplace Safety

Gugwini v National Consumer Commissioner (JS 602/19)

Gugwini v National Consumer Commissioner (JS 602/19) [2023] ZALCJHB 175; (2023) 44 ILJ 2237 (LC); [2023] 9 BLLR 915 (LC) (6 June 2023)

Court

Labour Court Johannesburg

Case number

JS 602/19

Judge

Prinsloo

The court found that the applicant was unable to perform the inherent requirements of his position as senior researcher, namely reading and writing, due to his permanent disability. The respondent established that no reasonable accommodation could enable the applicant to fulfil these core duties, and alternative positions were either unsuitable or refused by the applicant. The respondent's actions were consistent with the Employment Equity Act and Labour Relations Act, as the dismissal was based on incapacity rather than discrimination. The applicant failed to discharge the onus of proving th…

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• Automatic Unfair Dismissal
• Unfair Discrimination
• Reasonable Accommodation
• Employment Equity Act
• Incapacity Dismissal

Sayiti v Sun International Management Limited (JS1019/16)

Sayiti v Sun International Management Limited (JS1019/16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023)

Court

Labour Court Johannesburg

Case number

JS1019/16

Judge

M T M Phehane

Labour Court held that dismissal for Sabbath observance was automatically unfair discrimination and ordered retrospective reinstatement.

• Automatically Unfair Dismissal
• Religious Discrimination
• Inherent Requirement Of Job
• Reasonable Accommodation
• Section 187 Lra
• Employment Equity Act

General Industries Workers Union of South Africa and Another v African Explosives Limited (J2311/14)

General Industries Workers Union of South Africa and Another v African Explosives Limited (J2311/14) [2022] ZALCJHB 234; (2022) 43 ILJ 2496 (LC) (18 August 2022)

Court

Labour Court Johannesburg

Case number

J2311/14

Judge

P Nkutha-Nkontwana

The court found that effective communication was an inherent requirement of the Technologist position, as the incumbent was required to interact with both internal and external stakeholders, including suppliers and end users. The evidence established that Mr Tshaya suffered from a severe speech impediment, confirmed by a speech therapist, which rendered him unable to perform the essential communication functions required for the position. The respondent had taken reasonable steps to accommodate Mr Tshaya by promoting him to Lead Operator and providing necessary physical accommodations. The ap…

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• Unfair Discrimination
• Employment Equity Act
• Reasonable Accommodation
• Inherent Requirements Of Job
• Disability Discrimination

Chauke v S (A139/2020)

Chauke v S (A139/2020) [2022] ZAGPJHC 321 (15 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A139/2020

Judges

Sutherland, Moila, Matjele

The court found that the trial magistrate properly complied with the requirements of sections 162 and 164 of the Criminal Procedure Act by referring the child complainant for psychological assessment and appropriately admonishing him to speak the truth. The evidence of the complainant, corroborated by medical findings and the neighbour's testimony, was consistent and credible. The appellant's version was riddled with contradictions and lacked corroboration. The court held that the State proved its case beyond reasonable doubt. Regarding sentence, the court found no misdirection or compelling…

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• Rape Of A Minor
• Competency Of Child Witness
• Minimum Sentencing
• Reasonable Accommodation
• Equality Before Law

Reddy v South African Revenue Services and Another (EQ19443 / 21)

Reddy v South African Revenue Services and Another (EQ19443 / 21) [2021] ZAEQC 2 (21 July 2021)

Court

Equality Court

Case number

EQ19443 / 21

Judge

E.M Kubushi

The Equality Court dismissed a disability discrimination complaint by a SARS employee placed on ill-health retirement, finding the dispute was not properly framed under the Equality Act.

• Unfair Discrimination
• Disability Rights
• Early Retirement
• Reasonable Accommodation
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Constitutional Rights

Reddy v South African Revenue Services and Another (EQ19443/21)

Reddy v South African Revenue Services and Another (EQ19443/21) [2021] ZAGPPHC 468 (12 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

EQ19443/21

Judge

Kubushi

The Equality Court dismissed a disability discrimination complaint by a SARS employee who was placed on early retirement due to ill health.

• Unfair Discrimination
• Disability Rights
• Early Retirement
• Reasonable Accommodation
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Unfair-discrimination