CCT85/14

[2015] ZACC 11

2015 (6) BCLR 693 (CC)

(2015) 36 ILJ 1805 (CC)

The Court

7 May 2015

http://hdl.handle.net/20.500.12144/3791

Application for leave to appeal against the judgment and order of the Durban Labour Court.

Section 6 of the Employment Equity Act 55 of 1998 — unfair discrimination — race and social origin Section 11(1) of the Employment Equity Act 55 of 1998 — alleged direct or indirect discrimination on race and social origin — employer justified conduct Section 11(2) of the Employment Equity Act 55 of 1998 — alleged unfair discrimination on an arbitrary ground — complainant did not prove that conduct was not rational Actual or perceived bias — in both instances a litigant must show a reasonable apprehension of bias — a reasonable apprehension of bias not established for both allegations of bias 2 Appeal against costs orders — no exceptional circumstances warranting intervention — costs orders not set aside. Application for leave to appeal against a decision of the Labour Court concerning claims of unfair racial discrimination, allegations of judicial bias and costs orders of the Labour Court and the Supreme Court of Appeal. The Court held that the facts made out no case for discrimination based on race and social origin or on an arbitrary ground. The employer’s conduct was justified and had not been shown irrational. On bias alleged against the Labour Court, the litigant is required to show a reasonable apprehension. This was not established. No exceptional circumstances warranted intervention on the costs orders against the applicant. The application for leave to appeal was dismissed. Judgment: The Court.