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

Laudium Secondary School Governing Body v Mooloo (JS793/21)

Laudium Secondary School Governing Body v Mooloo (JS793/21) [2024] ZALCJHB 177 (2 May 2024)

Court

Labour Court Johannesburg

Case number

JS793/21

Judge

RN Daniels

The Labour Court has jurisdiction to adjudicate disputes concerning automatically unfair dismissal based on discrimination relating to religion, belief, and political opinion, as provided by section 187(1)(f) and section 191(5)(b) of the Labour Relations Act. The Employment Equity Act does not apply to unfair dismissal disputes, which must be referred under the LRA. The requirement for referral to the Labour Court is satisfied either by the issuance of a certificate of non-resolution or the expiry of 30 days from referral to the CCMA; actual conciliation or a certificate is not a jurisdiction…

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• Automatically Unfair Dismissal
• Religious Discrimination
• Political Opinion Discrimination
• Fixed Term Contracts
• Jurisdiction Of Labour Court
• Conciliation Certificate Requirement

Nefale v Minister of Police (82307/2018)

Nefale v Minister of Police (82307/2018) [2024] ZAGPPHC 441 (29 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

82307/2018

Judge

Swanepoel

The plaintiff was unlawfully arrested and detained by police officers who targeted him solely because of his Rastafarian religious appearance. The arresting officers fabricated an offence and failed to inform the plaintiff of the reason for his arrest or his rights. The plaintiff endured humiliation, trauma, and degrading treatment during his detention, including assault and exposure to unsanitary conditions. The defendant failed to discharge the onus of proving the lawfulness of the arrest and led no evidence to challenge the plaintiff's version. The quantum of damages awarded reflects the s…

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• Unlawful Arrest
• Unlawful Detention
• Damages Quantum
• Human Dignity
• Religious Discrimination
• Costs Award

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

TDF Network Africa (Pty) Ltd v Faris (CA 4/17)

TDF Network Africa (Pty) Ltd v Faris (CA 4/17) [2018] ZALAC 30; [2019] 2 BLLR 127 (LAC); (2019) 40 ILJ 326 (LAC) (5 November 2018)

Court

Labour Appeal Court

Case number

CA 4/17

Judges

Davis, Murphy, Kathree-Setiloane

The Labour Appeal Court held that dismissing a Seventh Day Adventist for not working Saturdays was automatically unfair religious discrimination.

• Automatic Unfair Dismissal
• Religious Discrimination
• Reasonable Accommodation
• Employment Equity Act
• Inherent Requirements Of Job
• Automatic-unfair-dismissal

Faris v TFD Network Africa (Pty) Ltd (C151/13)

Faris v TFD Network Africa (Pty) Ltd (C151/13) [2016] ZALCCT 51 (15 December 2016)

Court

Labour Court Cape Town

Case number

C151/13

Judge

Mooki

The court found that the applicant was dismissed due to her refusal to work on Saturdays, which was directly linked to her religious beliefs as a Seventh-day Adventist. The respondent's argument that the dismissal was for incapacity was not supported by the evidence or the pre-trial minute, which established the issues for determination as including religious discrimination. The applicant's contract did not require Saturday work, and she had never worked on Saturdays during her employment. The court held that expert evidence was not necessary to establish the applicant's religious convictions…

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• Automatic Unfair Dismissal
• Religious Discrimination
• Jurisdiction Of Labour Court
• Compensation For Discrimination
• Procedural Fairness
• Condonation For Late Filing

Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2015; JS306/2015)

Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2015; JS306/2015) [2016] ZALCJHB 503 (7 December 2016)

Court

Labour Court Johannesburg

Case number

JS135/2014; JS306/2015

Judge

G Malindi

The Labour Court upheld the dismissal of an employee who breached the employer’s food policy, rejecting claims of harassment, discrimination, and automatic unfair dismissal.

• Unfair Dismissal
• Disciplinary Code
• Employment Equity Act
• Religious Discrimination
• Misappropriation Of Property
• Unfair-dismissal

Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015)

Nadel v Johannesburg Jewish Helping Hands and Burial Society (JS135/2014, JS306/2015) [2016] ZALCJHB 570 (3 November 2016)

Court

Labour Court Johannesburg

Case number

JS135/2014, JS306/2015

Judge

Malindi

The Labour Court dismissed an application for leave to appeal in a dismissal dispute, finding no reasonable prospects of success on the record.

• Unfair Dismissal
• Employment Equity Act
• Psychological Testing
• Religious Discrimination
• Burden Of Proof
• Labour-law

Radebe and Others v Principal of Leseding Technical School and Others (1821/2013)

Radebe and Others v Principal of Leseding Technical School and Others (1821/2013) [2013] ZAFSHC 111 (30 May 2013)

Court

Free State High Court, Bloemfontein

Case number

1821/2013

Judge

N.W. Phalatsi

The court granted urgent relief to a Rastafarian learner excluded over dreadlocks, finding the school’s conduct unlawful, discriminatory, and unconstitutional.

• Religious Discrimination
• School Code Of Conduct
• Right To Education
• Childrens Rights
• Final Interdict
• Urgent Relief

Department of Correctional Services & another and Another v Police and Prisons Civil Rights Union (POPCRU) and Others (107/12)

Department of Correctional Services & another and Another v Police and Prisons Civil Rights Union (POPCRU) and Others (107/12) [2013] ZASCA 40; (2013) 34 ILJ 1375 (SCA); 2013 (4) SA 176 (SCA); [2013] 7 BLLR 639 (SCA); 2013 (7) BCLR 809 (SCA); [2013] 3 All SA 1 (SCA) (28 March 2013)

Court

Supreme Court of Appeal

Case number

107/12

Judges

Nugent, Maya, Pillay, Plasket, Mbha

The SCA held that dismissing male correctional officers for refusing to cut dreadlocks worn for religious and cultural reasons was automatically unfair discrimination.

• Automatic Unfair Dismissal
• Religious Discrimination
• Cultural Discrimination
• Gender Discrimination
• Labour Relations Act
• Inherent Requirements Exception