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South Africa Case Law

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Labour Law [2016] ZALCJHB 83

Truter v Heat Tech Geysers (Pty) Ltd (JS40/14)

Truter v Heat Tech Geysers (Pty) Ltd (JS40/14) [2016] ZALCJHB 83 (2 March 2016)

Court
Labour Court Johannesburg
Case number
JS40/14
Judge
Golden

The court found that the applicant was dismissed by the respondent, not by voluntary resignation. The dismissal was motivated by prohibited grounds, specifically her sex and family responsibilities, as evidenced by the conduct and instructions of management. The respondent failed to provide credible evidence to rebut the applicant’s case, and its witnesses were contradicted on material facts. The applicant’s dismissal was thus automatically unfair under section 187(1)(f) of the LRA. The applicant was entitled to maximum compensation of 24 months’ salary, unpaid commission, and costs on an att…

Source excerpt

  • Automatically Unfair Dismissal
  • Sex Discrimination
  • Family Responsibility
  • Compensation For Unfair Dismissal
  • Commission Claim
  • Costs Award
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Labour Law [2000] ZALAC 4

Woolworths (Pty)ltd v Whitehead (CA06/99)

Woolworths (Pty)ltd v Whitehead (CA06/99) [2000] ZALAC 4 (3 April 2000)

Court
Labour Appeal Court
Case number
CA06/99
Judges
Zondo, Conradie, Willis

The Labour Appeal Court held that the employer's decision not to appoint the respondent to a permanent position did not constitute unfair discrimination. The evidence showed that the respondent was not the best candidate for the position, as Dr Young was objectively more qualified and experienced. The continuity requirement, while not an absolute operational necessity, was a legitimate consideration in the context of the employer's business needs. The respondent failed to establish a causal link between her pregnancy and her non-appointment, as the appointment was ultimately made on merit. Th…

Source excerpt

  • Unfair Labour Practice
  • Sex Discrimination
  • Pregnancy Discrimination
  • Continuity Requirement
  • Employment Equity
  • Causation In Discrimination
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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.