The Labour Appeal Court has found that the Moses Kotane Institute did unfairly discriminate against a prospective employee based on his gender.

Gender discrimination came under the judicial spotlight in the Labour Appeal Court, with the court concluding that the Moses Kotane Institute unlawfully discriminated against a male candidate when they appointed a female in his place.

Judge President Edwin Molahlehi found the non-profit organisation based in Durban lacked an equity plan and only introduced the female gender requirement after the interviews for the position of chief financial officer.

Zenzele Mzimele, a highly qualified chartered accountant, scored the highest marks in the interview.

However, a woman candidate, who ranked third and is said to not have met all the requirements for the job, was appointed.