Damages for Referring to an Employee as “A Female Employment Equity” candidate.
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Chowan v Associated Motor Holdings (Pty) Ltd & others
By Miles Chennells – Maserumule Corporate Employment Law
May 2018
In its decision in Chowan v Associated Motor Holdings (Pty) Ltd & others (2241/16 23/3/2018), the Gauteng Local Division High Court awarded delictual damages to Adila Chowan, former group financial manager of Associated Motor Holdings (AMH), who had been referred to by the chief executive officer (CEO) of Imperial Holdings Ltd, Mark Lamberti, as “a female, employment equity” candidate and ended up being dismissed.
Damages were awarded on the basis of common law delictual principles and not in terms of labour law legislation. Chowan chose not to rely on the protection provided by the Labour Relations Act, 66 of 1995 (LRA) and the Employment Equity Act, 55 of 1998 (EEA), but instead on the actiolegis Aquilia, for pure economic loss, and the actioiniuriarum, for injuries to her reputation and dignity. The court will deal with the issue of quantum of damages separately to the issue of liability.
The facts of the case are as follows:
