South Africa Case Law

Association of Mineworkers and Construction Union (AMCU) and Others v Tshipi 'E Manganese Mining (PTY) LTD (JS 754/2020)

Association of Mineworkers and Construction Union (AMCU) and Others v Tshipi 'E Manganese Mining (PTY) LTD (JS 754/2020) [2022] ZALCJHB 338; (2023) 44 ILJ 516 (LC) (1 December 2022)

Court

Labour Court Johannesburg

Case number

JS 754/2020

Judge

Van Niekerk

The Labour Court ordered the first applicant to pay costs after the union withdrew an unfair-discrimination claim shortly before trial.

• Unfair Discrimination
• Costs Award
• Withdrawal Of Claim
• Union Membership
• Remuneration Disparity
• Labour-law

UASA obo Maritz and Another v Ekurhuleni Metropolitan Municipality (JS 237/17; JS 238/17)

UASA obo Maritz and Another v Ekurhuleni Metropolitan Municipality (JS 237/17; JS 238/17) [2022] ZALCJHB 285 (6 October 2022)

Court

Labour Court Johannesburg

Case number

JS 237/17; JS 238/17

Judge

S. B. Radebe

The Labour Court dismissed a race-based equal pay claim, finding the applicants failed to prove they did the same or substantially the same work as comparators.

• Employment Equity Act
• Equal Pay For Equal Work
• Unfair Discrimination
• Comparators
• Remuneration Disparity
• Employment-equity-act

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016)

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016) [2022] ZALCJHB 177; (2022) 43 ILJ 2524 (LC) (6 July 2022)

Court

Labour Court Johannesburg

Case number

JS28/2016

Judge

Nkutha-Nkontwana

Labour Court held the applicant failed to prove race-based pay discrimination where comparators performed different work of greater scope and responsibility.

• Employment Equity Act
• Pay Discrimination
• Equal Pay For Equal Work
• Onus Of Proof
• Job Evaluation
• Remuneration Disparity

Mdunjeni-Ncula v MEC, Department of Health and Another (PA10/2019)

Mdunjeni-Ncula v MEC, Department of Health and Another (PA10/2019) [2021] ZALAC 29; (2021) 42 ILJ 2393 (LAC); [2021] 12 BLLR 1195 (LAC) (20 September 2021)

Court

Labour Appeal Court

Case number

PA10/2019

Judges

Davis JA, Coppin JA, Kubushi AJA

The Labour Appeal Court held that the appellant failed to prove gender-based pay discrimination under the EEA and dismissed the appeal with costs.

• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Burden Of Proof
• Comparators In Discrimination
• Remuneration Disparity

Maraba and Others v Tshwane University of Technology (JS1032/12)

Maraba and Others v Tshwane University of Technology (JS1032/12) [2019] ZALCJHB 209 (23 August 2019)

Court

Labour Court Johannesburg

Case number

JS1032/12

Judge

S Mabaso

The Labour Court found salary disparities between Professional Nurse Practitioners to be unfair discrimination based on social origin and ordered retrospective equalisation.

• Employment Equity Act
• Unfair Discrimination
• Remuneration Disparity
• Social Origin Discrimination
• Unfair-discrimination
• Employment-equity-act

Sun International Limited v SACCAWU obo Ramerafe and Others (JR1501/17)

Sun International Limited v SACCAWU obo Ramerafe and Others (JR1501/17) [2019] ZALCJHB 31; [2019] 7 BLLR 733 (LC); (2019) 40 ILJ 1873 (LC) (26 February 2019)

Court

Labour Court Johannesburg

Case number

JR1501/17

Judge

Van Niekerk

Labour Court review of an equal pay award. The court set aside the arbitration award for misapplying the EEA and making an overbroad salary order.

• Employment Equity Act
• Unfair Discrimination
• Equal Pay
• Remuneration Disparity
• Arbitration Review
• Equal-pay

Duma v Minister of Correctional Services and Others (C604/2012)

Duma v Minister of Correctional Services and Others (C604/2012) [2016] ZALCCT 6; (2016) 37 ILJ 1135 (LC); [2016] 6 BLLR 601 (LC) (2 February 2016)

Court

Labour Court Cape Town

Case number

C604/2012

Judge

Rabkin-Naicker

The court found that the applicant's claim for unfair discrimination had not prescribed, as the discrimination was ongoing and the referral to the Labour Court interrupted prescription. The differentiation in remuneration based on geographical location was arbitrary and impaired the applicant's dignity, amounting to unfair discrimination under section 6(1) of the Employment Equity Act. The respondents failed to provide any justification for the differentiation, and the applicant established that she was prejudiced financially over several years. The court held that the applicant was entitled…

Source excerpt

• Unfair Discrimination
• Employment Equity Act
• Prescription Act
• Remuneration Disparity
• Arbitrary Ground Discrimination

Numsa and Others v Gabriel (Pty) Ltd (C523/2001)

Numsa and Others v Gabriel (Pty) Ltd (C523/2001) [2002] ZALC 74; (2002) 23 ILJ 2088 (LC); [2002] 12 BLLR 1210 (LC) (2 September 2002)

Court

Labour Court

Case number

C523/2001

Judge

Waglay

The Labour Court held that the applicants had not pleaded a sufficient unfair-discrimination claim, but it rejected the respondent’s jurisdiction objection.

• Employment Equity Act
• Unfair Discrimination
• Jurisdiction Of Labour Court
• Direct Discrimination
• Remuneration Disparity
• Employment-equity-act

Transport and General Workers Union and Another v Bayete Security Holding (J2512/98)

Transport and General Workers Union and Another v Bayete Security Holding (J2512/98) [1998] ZALC 147 (9 December 1998)

Court

Labour Court

Case number

J2512/98

Judge

Grogan

The applicant failed to provide sufficient factual evidence to establish that he was discriminated against on the basis of race or any other arbitrary ground. The difference in remuneration between the applicant and Mr Louw was not shown to be based on race or any arbitrary reason, especially as the applicant conceded he did not know Louw's qualifications, experience, or job responsibilities, and that Louw was appointed as a manager. The alleged demotion fell outside the jurisdiction of the Labour Court as it related to section 2(1)(b) of Schedule 7. Accordingly, the application was dismissed…

Source excerpt

• Unfair Discrimination
• Unfair Labour Practice
• Remuneration Disparity
• Jurisdiction
• Onus Of Proof