Landmark decision sends discrimination complaint to CCMA

The decision was made in the matter of Charles and Others v Gauteng Department of Health and Others, says the Women’s Legal Centre. The ruling confirms the earlier judgment of Judge Sibeko in the Labour Court where he held that the Equality Court did not have jurisdiction to hear such matter. The LAC accepted arguments by the Women’s Legal Centre Trust, who were amicus curiae in the proceedings, that the Employment Equity Act provides, among its remedies, for payment of compensation and damages by an employer, and it goes further by allowing for the payment of damages… for the impairment of dignity, pain and suffering, or emotional and psychological suffering. The decision was made during a preliminary dispute in the matter between nursing sister Wilhelmien Charles and the Gauteng Department of Health as to whether her unfair discrimination complaint against her employer should be prosecuted. Charles voiced her conscientious objection to prepare patients for evacuations following terminations of pregnancy. Charles claims that her subsequent transfer from the theatre ward constituted unfair discrimination against her on the basis of religion, conscience and belief. In seeking to have her matter heard under the Promotion of Equality Act, Charles contended that the remedies she sought were not available under the Employment Equity Act. The LAC found, however, that Charles’ complaint must be determined in terms of the Employment Equity Act and referred the matter to the CCMA. Statement on the Legalbrief Today site