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South Africa decisions
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Arnolds v South African National Biodiversity Institute (C213/2019) [2023] ZALCCT 67; [2024] 2 BLLR 130 (LC) (24 November 2023)
Labour Court dismissed an employee’s unfair discrimination claim, finding no objective link between adverse treatment and race or gender.
South African Human Rights Commission v Qwelane; Qwelane v Minister for Justice and Correctional Services (EQ44/2009; EQ13/2012) [2017] ZAGPJHC 218; [2017] 4 All SA 234 (GJ); 2018 (2) SA 149 (GJ) (18 August 2017)
The court found that the applicant's published statements and the accompanying cartoon constituted hate speech under section 10(1) of the Equality Act. The statements were objectively hurtful, harmful, and propagated hatred against the LGBTI community, equating homosexuals to animals and bestiality, and undermining their dignity and equality. The right to freedom of expression, while fundamental, is not absolute and may be limited to protect vulnerable groups from discrimination and harm. The Equality Act's provisions were held to be constitutionally valid, neither vague nor overbroad, and se…
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National Union of Metal Workers of South Africa obo Members v Element Six Production (Pty) Ltd (JS1106/14) [2017] ZALCJHB 35 (7 February 2017)
The court found that the respondent's conduct in paying a token to non-striking employees who performed additional tasks during a protected strike constituted differentiation amounting to discrimination under section 5 of the Labour Relations Act. The discrimination was unfair because the striking employees, who had also contributed positively to production prior to the strike, were excluded from the payments. The respondent failed to demonstrate that the criteria for payment were rational or objective, and the secrecy surrounding the payments undermined its justification. The court accepted…
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Biggar v City of Johannesburg, Emergency Management Services (JS 232/09) [2011] ZALCJHB 5; [2011] 6 BLLR 577 (LC); (2011) 32 ILJ 1665 (LC) (10 February 2011)
The Labour Court held that the employer unfairly discriminated against the applicant by failing to stop racial harassment and by disciplining him alone after a workplace fight.
Hospersa obo Venter v South African Nursing Council (JS930/04) [2006] ZALC 29; [2006] 6 BLLR 558 (LC); (2006) 27 ILJ 1143 (LC) (5 January 2006)
The court found that the respondent unilaterally imposed a retirement age of 60 without agreement from the applicant or her trade union, contrary to her original contractual entitlement to retire at 70, with an option to retire at 65. The respondent failed to establish that the new retirement age had become the norm or that the applicant had acquiesced to it. The imposition of the lower retirement age constituted unfair discrimination on the grounds of age as contemplated in section 6 of the Employment Equity Act. The respondent did not provide any statutory or factual justification for the d…
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