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Labour Appeal Court of South Africa

The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal.It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban.

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86 Juta Street, Arbour Square Building, 6th and 7th Floors, Corner Juta and Melle Streets, Braamfontein 2001

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https://www.justice.gov.za/labourcourt/

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1 judgment

Citation	Judgment date
October 2020
McGregor v Department of Health, Western Cape N.O. and Others (CA 18/2018) [2020] ZALAC 75 (13 October 2020) Reported The applicant’s pattern of unwelcome sexual conduct warranted dismissal; appeal dismissed with costs. Labour law; sexual harassment — unwelcome conduct of a sexual nature; single incidents and cumulative conduct can constitute harassment; power imbalance and supervisory position relevant to substantive fairness and sanction; inconsistency defence not sustainable where comparator was acquitted for evidential reasons.	13 October 2020

Citation

Judgment date

October 2020

McGregor v Department of Health, Western Cape N.O. and Others (CA 18/2018) [2020] ZALAC 75 (13 October 2020)

Reported

The applicant’s pattern of unwelcome sexual conduct warranted dismissal; appeal dismissed with costs.

Labour law; sexual harassment — unwelcome conduct of a sexual nature; single incidents and cumulative conduct can constitute harassment; power imbalance and supervisory position relevant to substantive fairness and sanction; inconsistency defence not sustainable where comparator was acquitted for evidential reasons.

13 October 2020