Successful Judgement in Labour Appeal Court
Proud and privileged to have been involved in this successful Judgement in the Labour Appeal Court for our client, Legal Aid South Africa.
Legal Aid South Africa v Jansen (CA3/2019) [2020] ZALAC 37 (21 July 2020)
Proud and privileged to have been involved in this successful Judgement in the Labour Appeal Court for our client, Legal Aid South Africa whom had appealed against the judgment of the Labour Court which had held that Mr Jansen’s dismissal was automatically unfair in terms of section 187(1)(f) of the Labour Relations Act and that he had been unfairly discriminated against in terms of section 6 of the Employment Equity Act . The Labour Appeal Court held that depression is a prevalent illness, employers have a duty to deal with it sympathetically and should investigate it fully and consider reasonable accommodation and alternatives short of dismissal. In addition, where depression may account in part for an employee’s misconduct, depending on the circumstances and the nature of the misconduct, dismissal may not be appropriate. However, for the reasons explained in the full Judgement copied herein, there was no proper claim of substantive unfairness and the Labour Court had erred in finding unfair discrimination and that the dismissal was automatically unfair. The appeal was therefore upheld.
*Disclaimer: This advisory should not be interpreted as legal advice.
Author: Michele Engela
Related News
Foreign Objects in Your Food: When Can A Restaurant Be Held Liable?
A diner needed medical treatment after a burger meal. On appeal, the court examined how the object could have entered the food and what precautions the restaurant could reasonably have taken.
Domestic Workers and COIDA: The Right to Compensation for Occupational Injuries and Diseases in South Africa
Domestic workers can claim compensation for qualifying work-related injuries and diseases. We explain their COIDA rights and household employers’ registration and assessment obligations.
Constructive Dismissal in South Africa: When a Resignation Is Really a Dismissal
Excerpt
When does a resignation count as a dismissal? We examine the legal test for constructive dismissal, key court decisions and practical steps for employees and employers.



