Rustenburg Platinum Mine v SAEWA obo Bester and Others

Case Number:
CCT127/17
Citations:
[2018] ZACC 13
Citations:
(2018) 39 ILJ 1503 (CC)
Citations:
2018 (8) BCLR 951 (CC)
Citations:
2018 (5) SA 78 (CC)
Citations:
[2018] 8 BLLR 735 (CC)
Judge:
Theron J
Hearing Date:
9 November 2017
Judgment Date:
17 May 2018
Case History:
Application for leave to appeal against a judgment of the Labour Appeal Court: SAEWA obo Bester v Rustenburg Platinum Mine and Another (JA45/16) [2017] ZALAC 23; (2017) 38 ILJ 1779 (LAC); [2017] 8 BLLR 764 (LAC) (3 May 2017). The case was previously heard in the Johannesburg Labour Court: Rustenburg Platinum Mine v SAEWA obo Bester and Others (JR130/14) [2016] ZALCJHB 75 (26 January 2016).
Synopsis:
Referring to a fellow employee as a “swart man” — test for whether words are derogatory and racist is objective — starting point must take into account the history of apartheid Lack of remorse and no acknowledgment of wrongdoing — no possibility of rehabilitation — dismissal is an appropriate sanction
Judgment:
Full judgment

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