South Africa Case Law

Harmony Gold Mining Company Limited v Commission for Conciliation, Mediation and Arbitration and Other (J409/2024)

Harmony Gold Mining Company Limited v Commission for Conciliation, Mediation and Arbitration and Other (J409/2024) [2025] ZALCJHB 176 (5 May 2025)

Court

Labour Court Johannesburg

Case number

J409/2024

Judge

Phakedi

The court found that the appellant's late filing of the appeal was not excessively delayed and the explanation provided was reasonable; condonation was granted. On the merits, the court held that the appellant failed to take all necessary steps to eliminate racial harassment as required by section 60 of the Employment Equity Act. The company relied solely on polygraph evidence, which was inconclusive and unsupported by direct evidence, and did not properly consult all relevant parties or investigate the incident. The criminal conviction of Van Zyl for using the 'K-word' was accepted as proof…

Source excerpt

• Employment Equity Act
• Racial Discrimination
• Vicarious Liability
• Polygraph Evidence
• Workplace Harassment

Sephton v Anglo Operations (Pty) Ltd and Others (A2024/113960)

Sephton v Anglo Operations (Pty) Ltd and Others (A2024/113960) [2025] ZAGPJHC 239 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/113960

Judges

Fisher, Adams, Botsi-Thulare

Appeal against absolution and dismissal failed. The court found no defamatory accusation of sexual harassment and no unlawful interference or repudiation.

• Defamation
• Workplace Harassment
• Contractual Interference
• Repudiation
• Pure Economic Loss
• Workplace-harassment

Murwa v National Treasury and Another (J1463/23)

Murwa v National Treasury and Another (J1463/23) [2024] ZALCJHB 347 (12 August 2024)

Court

Labour Court Johannesburg

Case number

J1463/23

Judge

Tlhotlhalemaje

Contempt application over a GPSSBC award failed; the Labour Court found no wilful non-compliance and dismissed the matter with costs.

• Contempt Of Court
• Arbitration Award Enforcement
• Unfair Labour Practice
• Workplace Harassment
• Reporting Lines
• Costs Order

Louw v Fourie N.O and Another (3074/2016)

Louw v Fourie N.O and Another (3074/2016) [2024] ZAFSHC 211 (8 July 2024)

Court

Free State High Court, Bloemfontein

Case number

3074/2016

Judge

Van Rhyn

The High Court found Netcare liable for failing to respond to repeated complaints about workplace abuse, awarded damages and punitive costs, but declined a published apology.

• Actio Iniuriarum
• Workplace Harassment
• Employer Liability
• Psychological Injury
• Punitive Costs
• Workplace-harassment

La Foy v Department of Justice and Constitutional Development and Others (J1952/2017)

La Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 253; (2023) 44 ILJ 2731 (LC); [2023] 12 BLLR 1275 (LC) (8 September 2023)

Court

Labour Court Johannesburg

Case number

J1952/2017

Judge

GN Moshoana

The court found that the applicant failed to discharge the statutory onus to prove that she was subjected to harassment amounting to unfair discrimination on arbitrary grounds. The evidence showed that the lack of resources and capacity was a departmental issue affecting multiple branches, not targeted at the applicant. Managerial actions such as discipline, allocation of leave, and operational decisions were justified and did not amount to harassment. The applicant did not demonstrate irrational, discriminatory, or unfair conduct, nor did she show impairment of dignity or ongoing hostile wor…

Source excerpt

• Employment Equity Act
• Unfair Discrimination
• Workplace Harassment
• Arbitrary Ground
• Managerial Prerogative
• Jurisdictional Time Limits

Shoprite Checkers (Pty) Ltd v Samka and Others (C844/15)

Shoprite Checkers (Pty) Ltd v Samka and Others (C844/15) [2017] ZALCCT 64; [2018] 9 BLLR 922 (LC); (2018) 39 ILJ 2347 (LC) (29 November 2017)

Court

Labour Court Cape Town

Case number

C844/15

Judge

A J Steenkamp

The Labour Court held that section 60 of the EEA does not make an employer liable for racist abuse by a customer, and dismissed the cross-appeal on bullying.

• Employment Equity Act
• Unfair Discrimination
• Vicarious Liability
• Workplace Harassment
• Burden Of Proof
• Employment-equity-act