Blind employee loses court case against municipality, plans to appeal

An Ehlanzeni district municipality disabled employee who lost a discrimination case against his employer has vowed to appeal the judgment.

Dolfread Sihlangu, the coordinator of the disability desk in the municipality, accused his employer of not treating him the same as colleagues holding similar positions.

Last November, he took legal action and the matter was heard in the Johannesburg Labour Court.

Blind employee accused employer of discrimination

Judgment was released yesterday, clearing the municipality of wrongdoing.

However, Sihlangu, who is blind, was not happy with the outcome and said he had instructed his lawyers to appeal.

“I am appealing because wrong information was put on the system when creating the positions.

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“Another reason is that the unfair discrimination based on disability was not taken into consideration due to the lack of evidence, but I am ready to present more evidence.”

He added: “The travelling allowance was not at all considered. By not appealing this judgment, I shall be failing the disability sector on equal salary and benefits at work.

“It needs to be taken into consideration that the disability sector is too vulnerable in such a way that it is not easy to get someone to represent your rights in court.”

Disability sector too vulnerable

Delivering the ruling, Judge Maletsatsi Mahalelo said: “The applicant has failed to prove that the conduct of the respondent was not rational, nor did he prove that the conduct amounted to discrimination. In the circumstances, his claim stands to fail. Therefore, the applicant’s claims are dismissed.”

Sihlangu said he was employed in 2017 following an advert for a disability coordinator which was a level 8 post. Then, in 2018, other positions were advertised with a level 5 salary.

In 2019, he approached his employer and asked that his job level be raised to the same level as that of the other coordinators, but his request was not approved.

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Municipal spokesperson Lucky Ngomane said: “The municipality is still studying the judgment. But the Labour Court has agreed with the municipality in this matter.”