Reported cases

An employee dismissed ostensibly for payroll failings claimed the true reason was her race. The Labour Court found, on evidence including emails and a racial slur by her manager, that but for her race she would not have been dismissed, declared the dismissal automatically unfair under section 187(1)(f) of the LRA, and awarded compensation equal to 24 months’ wages. She was represented by Clifford Levin.

Eskom Rotek applied to review and set aside a private arbitration award in favour of Mr Mans in a dispute over whether he was an employee and had a reasonable expectation of renewal of his fixed-term contract. The court restated the narrow grounds for reviewing private arbitration awards and dismissed the application, leaving the award in Mr Mans’s favour intact. Mr Mans was represented by counsel instructed by Clifford Levin Inc.

A reportable judgment on condonation for the late filing of the arbitration record in review proceedings under the Labour Court’s Practice Manual. The court condoned an eight-day delay and directed that the review of a constructive-dismissal award be set down for hearing. The employer was represented by Clifford Levin.

A default judgment had been granted against an employer in an unfair dismissal claim, and both the Labour Court and Labour Appeal Court refused rescission. In a unanimous judgment the Constitutional Court upheld the appeal and rescinded the default judgment, allowing the employer to defend the claim on its merits. The successful applicant was represented by counsel instructed by Clifford Levin Attorneys.

Five employees claimed under the Employment Equity Act that they had been sexually harassed by their superior. The court found the harassment amounted to unfair discrimination on the grounds of sex and held the employer liable under section 60 for failing to investigate properly, awarding each applicant compensation. The employees were represented by Clifford Levin Attorneys.

A demarcation dispute over whether Richards Rentals fell within the registered scope of the Road Freight bargaining council. The Labour Appeal Court dismissed the council’s appeal with costs, confirming the company fell outside its jurisdiction. Richards Rentals was represented by Clifford Levin.

A labour broker retrenched an employee after its client demanded his removal from site, despite the broker’s own hearing imposing only a final written warning. The court held that a labour broker cannot hide behind a client’s demands, found the dismissal substantively unfair, and awarded compensation. The employee was represented by Clifford Levin.

A senior restaurant manager was dismissed in circumstances connected with the transfer of the business as a going concern. The court held the new employer was automatically substituted under section 197 of the LRA, found the dismissal automatically unfair, and awarded the maximum 24 months’ compensation. She was represented by Clifford Levin.