PART A LRA Form 7.11 REFERRING A Labour Relations Act …

1 PART A. LRA Form REFERRING A. Labour Relations Act 1995 . DISPUTE TO THE. Sections 133, 135,191(1) and CCMA FOR. 191(5A). CONCILIATION. CCMA KWAZULU-NATAL Durban Embassy Building, Durban Private Bag X54363. Tel: (031) 362 2300. Fax: (031) 368 7387 / 7407. Email: 1. DETAILS OF PARTY REFERRING THE DISPUTE. As the REFERRING party, are you: An employee within the extended meaning of the term contemplated by section 9 of the Employment Equity Act 55 of 1998: For the purposes of section 6, 7 and 8, employee includes an applicant for employment.

2 '. Name of the party if the REFERRING party is an employee: Name: Adv Anthony Robin Brink ID Number: 590225 5116 081. Postal Address: 1 Boast Street, Eshowe 3815, KwaZulu-Natal Tel: 035 474 1043. Cell: 083 779 4174. Fax: 086 672 0776. Email: 2. DETAILS OF THE OTHER PARTY (PARTY WITH WHOM YOU ARE IN DISPUTE). The other party is: An employer Name: Legal Aid South Africa ( LASA'), a statutory body established by the Legal Aid Act 22 of 1969. Postal Address: 29 De Beer Street, Braamfontein, Johannesburg 2017, Gauteng. Tel: 011 577 2000. Fax: 011 877 2222.

3 Email: (Corporate Services Executive (legal), Attorney Thembile Mtati). 3. NATURE OF THE DISPUTE. What is the dispute about? Unfair Discrimination S10 of the Employment Equity Act (give details). After I was duly recommended by a selection panel for appointment to a temporary Professional Assistant post on annual contract at its Pietermaritzburg Justice Centre, LASA aborted my appointment on prohibited grounds under cover of a pretextual justification. Summarise the facts of the dispute you are REFERRING : The material facts are summarised in the annexure hereto.

4 4. DATE DISPUTE AROSE. The dispute arose on: As elaborated in the annexure hereto, the unfair discrimination took place without my knowledge in November/December 2010, but for the reasons explained therein, (a) I only learned that I'd been recommended for the post on 14 February 2013 and (b) on 16 August 2013 I acquired the evidence categorically refuting the business necessity justification advanced to me on 15 December 2010 for aborting the recruitment. See further the annexure hereto on compliance with section 10 (2) of the EEA for the referral of unfair discrimination claims to the CCMA within the prescribed six-month timeframe.

5 The dispute arose where: Pietermaritzburg. 5. DETAILS OF DISPUTE PROCEDURES FOLLOWED. Have you followed all internal grievance/disciplinary procedures before coming to the CCMA? N/A. 6. RESULT OF CONCILIATION. What outcome do you require? Upon the issue of a Certificate of Outcome following the conciliation hearing, I shall be instituting action against LASA in the Durban Labour Court for orders in the following terms: 1. A declaratory order that in aborting the applicant's recruitment to its temporary Backlog Court Professional Assistant annual contract post at the Pietermaritzburg Justice Centre the respondent unfairly discriminated against him on grounds prohibited by section 6 (1) of the Employment Equity Act 55 of 1998 ( EEA'), namely on grounds of his conscience, belief or political opinion, alternatively his race.

6 2. An order that the respondent pay the applicant compensation under section 50 (2) (a) of the EEA. for iniuria in the sum of R500 000;. 3. An order that the respondent pay the applicant damages under sections 50 (2) (b) of the EEA for lost income in an amount equivalent to the sum he would have earned over the periods (a) 5. January 2011 to 31 March 2012, the initial three-month commencement period provided on the draft employment contract drawn for the applicant before the start of the next financial year, and (b) 1 April 2011 to 31 March 2012, the advertised one-year period of employment, ordinarily commencing at the start of the respondent's financial year in the case of such temporary annual contract posts.

7 4. An order that the respondent pay the applicant mora interest on his compensation award at the prescribed rate from date of judgment to date of payment;. 5. An order that the respondent pay the applicant mora interest on his damages award at the prescribed rate, computed on every month's salary that that the applicant would have earned had he been appointed to the post on 5 January 2011;. 6. An order under section 50 (2) (f) of the EEA that the respondent publish the order made in the case once in the Sunday Times newspaper and to publish the full judgment on the respondent's website in the About us' tab for a period of one year.

8 7. SECTOR. Indicate the sector or service in which the dispute arose. Public Service 8. INTERPRETATION SERVICES. Do you require an interpreter at the conciliation? No 9. SPECIAL FEATURES / ADDITIONAL INFORMATION. Briefly outline any special features / additional information the CCMA needs to note: See annexure hereto. 10. DETAILS OF DISPUTE PROCEDURES FOLLOWED. Have you followed all internal grievance/disciplinary procedures before coming to the CCMA? N/A. 11. OBJECTION TO CON-ARB PROCESS. N/A. As an unfair discrimination claim involving the violation of my constitutionally entrenched fundamental right to equality, only the Labour Court has jurisdiction to determine this dispute.

9 12. CONFIRMATION OF ABOVE DETAILS. Signed at Eshowe on the 14th day of February 2014. ADV ANTHONY ROBIN BRINK. ANNEXURE COVERING NOTE. Pressure of time to refer this complaint within the prescribed six-month timeframe for the referral of unfair discrimination complaints means the footnotes are not yet complete. Such footnotes referencing documents relied on in the matter (in LASA's possession) are not essential to a referral, but are intended in this case to facilitate settlement if possible. Once the footnotes have been fully populated, hardcopies of the perfected annexure will be mailed by registered post both to the CCMA and to LASA.

10 It is envisaged that this will be well before the conciliation hearing. ANNEXURE TO LRA Form Part 3: Summarise the facts of the dispute you are REFERRING : 1. This summary sets out the second instance1 of unfair discrimination covered by a pretext to which I was subjected by Legal Aid South Africa ( LASA') within the space of a year, in a repeated contravention of section 6 (1) of the Employment Equity Act ( EEA'), Prohibition of Unfair Discrimination': No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, conscience, belief, political opinion',2 and in a repeated violation of my fundamental right to equality guaranteed by section 9 (1) in the Bill of Rights of the Constitution: Everyone is equal before the law and has the right to equal protection and benefit of the law', and more specifically section 9 (3).