LLW2601 EXAM MAY/JUNE2022 PAGE 7 OF 8 Nevertheless, the Labour Court found that Mokhatšana had “failed to establish a prima facie case of unfair discrimination on the listed ground of race” and her claim was dismissed. Mokhatšana has now lodged an appeal with the Labour Appeal Court. With reference to the relevant legal authorities (applicable case law, legislation), advice Mokhatšana on her prospects of success.
Your answer must include the following:
➢ The legal basis for Mokhatšana’s claim.
➢ The requirements for proving “work that is the same or substantially the same”.
➢ An explanation of whether a claimant relying on a ground such as race is required to establish a prima facie case of unfair discrimination.
➢ Comment on Mokhatšana’s prospects of success with her claim.