SA Breweries (Pty) Ltd v HH (C165/15) [2016] ZALCCT 1 ; [2016] 5 BLLR 516 (2 January 2016) per Steenkamp J at paras 1 and 33:
This case deals with two elements of South African society that give rise to much conflict, namely race and beer. . . . If anything, the events leading up to this judgment have pointed out, once again, how important it is for everyone in our society, given our racially divided past and the unfeeling and unthinking utterances of some members of that society even today, to count their words and to work harder at forging relationships. For all these reasons, taking into account the element of fairness, I think that a costs order may have a chilling effect on those relationships. I do not consider a costs award to be appropriate.
Note: Overturned on appeal by the LAC.
Excerpts from Prof Darcy du Toit’s latest Weekly Comment Reason prevails on IR Network published by LexisNexis [subscription required].
Reported
[2016] 5 BLLR 516; [2016] JOL 36076 (LC)
Headnote
Review – Commissioner finding on balance of probabilities and after assessing credibility of witnesses that employee did not utter racist remark for which he was dismissed – Employer’s attack on award appropriate for appeal, but not for review – Application for review dismissed.