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South Africa decisions
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Khan v Commission for Conciliation Mediation and Arbitration and Others (CA3/2018) [2019] ZALAC 47 (3 May 2019)
The Labour Appeal Court upheld the refusal of condonation for a late unfair dismissal referral, finding the appellant had no acceptable explanation for the delay.
South African Airways (Pty) Ltd v Jansen Van Vuuren and Another (CA9/13, C420/2006) [2014] ZALAC 108 (12 June 2014)
The Labour Appeal Court held that the employer's retirement policy and collective agreement discriminated against the respondent on the basis of age, as pilots over 60 were subjected to reduced salary and rank despite being fit to perform their duties. The collective agreement's discriminatory provisions could not be justified by collective bargaining or the alleged inherent requirements of the job, as no evidence was presented that age, rather than fitness, was essential. The respondent remained employed and was entitled to fair treatment and remuneration. The utilisation of accumulated leav…
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South African Airways (Pty) Ltd v V and Another (CA9/13, C420/2006) [2014] ZALAC 27; [2014] 8 BLLR 748 (LAC); (2014) 35 ILJ 2774 (LAC) (12 June 2014)
The Labour Appeal Court held that the collective agreement and employer conduct discriminated unfairly against the respondent on the basis of age. The reduction in salary and rank for pilots over 60 was not justified by any inherent requirement of the job, as fitness to fly, not age, was determinative. The employer failed to discharge its onus to prove fairness or legitimate purpose for the discrimination. The respondent remained employed and was entitled to remuneration during standby; the use of accumulated leave pay without consent constituted an unfair labour practice. The distinction bet…
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