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McMahon v BDFM Publishers (Pty) Ltd (PS53/17) [2019] ZAECPEHC 43 (5 July 2019)
The Labour Court found that the respondent unfairly discriminated against the applicant on the basis of disability and failed to reasonably accommodate her.
Safcor Freight (Pty) Ltd t/a Safcor Panalpina v South African Freight and Dock Workers Union (DA17/10) [2012] ZALAC 29; [2012] 12 BLLR 1267 (LAC); (2013) 34 ILJ 335 (LAC) (17 September 2012)
The Labour Appeal Court held that the appellant's conduct in awarding a 4.5% wage increase to non-union employees, subject to forfeiture if they joined the union, constituted anti-union discrimination as proscribed by section 5(2)(c)(i) and section 5(3) of the LRA. The differentiation was not justified by a legitimate commercial rationale, especially as union members were willing to accept the same wage cycle change. The employer's actions undermined the union's position as a bargaining agent and provided a strong inducement for employees not to join the union, thereby prejudicing union membe…
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