BusinessLive reports that the Constitutional Court (ConCourt) on Tuesday ruled in favour of three coloured employees who left their jobs as a result of alleged racial discrimination that manifested itself in physical‚ verbal and mental abuse.  

They approached the ConCourt last year after the Labour Appeal Court (LAC) held that the Labour Court (LC) would not have jurisdiction if a dismissal dispute by the employees had not been referred to a conciliation process.  The case goes back to September 2011 when Theo September‚ Dean September and Ronald Paulsen left their employ with CMI Business Enterprise CC.  The three‚ who were the only black employees at the company‚ performed technical and mechanical duties on mining-related projects.  Following unsuccessful conciliation, the men instituted proceedings in the LC in 2012, seeking an order that their resignations amounted to "automatically unfair dismissals" based on racial discrimination.  The LC found in their favour.  But, the LAC then held that the LC did not have jurisdiction to adjudicate a dismissal dispute if that dispute had not been referred to conciliation.  In a majority judgment by Justice Leona Theron‚ the ConCourt said the LAC Court was incorrect.

• Read this report by Ernest Mabuza in full at BusinessLive

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