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South Africa Case Law

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Labour Law [2021] ZALCJHB 105

Ekurhuleni Metropolitan Municipality v Mabusela NO and Others (JR1697/18)

Ekurhuleni Metropolitan Municipality v Mabusela NO and Others (JR1697/18) [2021] ZALCJHB 105 (1 June 2021)

The Labour Court granted leave to appeal only on one part of a review judgment, finding reasonable prospects of success on policy interpretation and appointment issues.

  • Review Of Arbitration Award
  • Recruitment Policy Interpretation
  • Reasonable Decision Maker Test
  • Costs Award
  • Labour-law
  • Leave-to-appeal
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Labour Law [2011] ZALCPE 2

National Education, Health and Allied Workers Union and Another v Office of the Premier: Province of the Eastern Cape and Another (P02/07)

National Education, Health and Allied Workers Union and Another v Office of the Premier: Province of the Eastern Cape and Another (P02/07) [2011] ZALCPE 2; [2011] 7 BLLR 681 (LC); (2011) 32 ILJ 1696 (LC) (2 February 2011)

The court found that the respondent's employment equity plan was in place and that the targeted recruitment of the second respondent was rational and goal-directed, aimed at addressing gender and racial imbalances in senior management. The recruitment policy permitted head-hunting as a last resort, and there was no evidence that the process required written authorisation from the Director General. The applicant's argument that the process was irregular was not supported by the structure or purpose of the recruitment policy. The court held that the applicant failed to establish unfair discrimi…

  • Employment Equity Act
  • Affirmative Action
  • Unfair Discrimination
  • Targeted Recruitment
  • Recruitment Policy Interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.