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South Africa Case Law

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Labour Law [2013] ZALCD 5

Munsamy v Minister of Safety and Security and Another (D253/03)

Munsamy v Minister of Safety and Security and Another (D253/03) [2013] ZALCD 5; [2013] 7 BLLR 695 (LC); (2013) 34 ILJ 2900 (LC) (3 April 2013)

Court
Labour Court Durban
Case number
D253/03
Judge
Whitcher

The court found that the measures used by the respondent to deny the applicant promotion were not in line with a defensible employment equity plan. The point system for representivity was arbitrary and lacked any rational basis, and there was no evidence of proper consultation or that the measures were permitted by any employment equity plan. The application of national demographics only to the designated group, while reserving a disproportionate number of posts for whites and a minimal number for Indians, was irrational. The respondent failed to prove that the discrimination was in line with…

Source excerpt

  • Employment Equity
  • Affirmative Action
  • Unfair Discrimination
  • Consultation Requirements
  • Numerical Targets
  • Remedies For Unfair Discrimination
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Labour Law [2013] ZALCJHB 19

Naidoo v Minister of Safety and Security and Another (JS 566/2011)

Naidoo v Minister of Safety and Security and Another (JS 566/2011) [2013] ZALCJHB 19; [2013] 5 BLLR 490 (LC); 2013 (3) SA 486 (LC); (2013) 34 ILJ 2279 (LC) (15 February 2013)

Court
Labour Court Johannesburg
Case number
JS 566/2011
Judge
Shaik

The court found that the SAPS Employment Equity Plan, as implemented, created an absolute barrier to the appointment of Indian females to senior management positions, constituting unfair discrimination on the grounds of race and gender. The plan's reliance on national demographic percentages and a 70:30 gender ratio resulted in the exclusion of Indian females from advancement, contrary to the constitutional and statutory objectives of substantive equality and equitable representation. The National Commissioner's decision to reject the applicant's appointment was not based on inherent requirem…

Source excerpt

  • Employment Equity
  • Affirmative Action
  • Unfair Discrimination
  • Promotion And Appointment
  • Remedies For Unfair Discrimination
  • Collective Agreements
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.