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South Africa Case Law

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Labour Law [2018] ZALCCT 17

Jansen v Legal Aid South Africa (JA121/2014)

Jansen v Legal Aid South Africa (JA121/2014) [2018] ZALCCT 17; (2018) 39 ILJ 2024 (LC) (16 May 2018)

Court
Labour Court Cape Town
Case number
JA121/2014
Judge
Mthombeni

The court found that the applicant suffered from a recurring mental illness, namely depression, which was known to the respondent and directly influenced the conduct for which he was dismissed. The respondent failed to reasonably accommodate the applicant and did not institute an incapacity enquiry, instead proceeding with disciplinary action for misconduct. The evidence established that the dominant reason for dismissal was the applicant's mental condition, amounting to automatically unfair dismissal under section 187(1)(f) of the LRA and unfair discrimination under section 6 of the EEA. The…

Source excerpt

  • Automatically Unfair Dismissal
  • Unfair Discrimination
  • Disability Accommodation
  • Section 187 Lra
  • Section 6 Eea
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Labour Law [2008] ZALC 73

Chizunza v MTN (Pty) Ltd and Others (JS623/07)

Chizunza v MTN (Pty) Ltd and Others (JS623/07) [2008] ZALC 73; [2008] 10 BLLR 940 (LC) ; (2008) 29 ILJ 2919 (LC) (13 June 2008)

Court
Labour Court
Case number
JS623/07
Judge
AC Basson

The Labour Court provisionally assumes jurisdiction until the true nature of the dispute is established. The applicant alleged unfair discrimination and automatically unfair dismissal, but failed to provide evidence linking the dismissal to any listed ground under section 6(1) of the EEA or section 187(1)(f) of the LRA. The evidence showed the dismissal was for misconduct (fraud and dishonesty), not discrimination. The disciplinary process was conducted by an external chairperson with no evidence of bias or discriminatory motive. The applicant conceded that other foreign nationals were employ…

Source excerpt

  • Jurisdiction Of Labour Court
  • Automatically Unfair Dismissal
  • Unfair Discrimination
  • Referral To Arbitration
  • Section 187 Lra
  • Section 6 Eea
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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.