In the matter of GIWUSA obo Mandla Tshaya vs African Explosives Limited J2311/14, judgement was delivered on a case of alleged unfair discrimination in which the Applicant had a severe facial deformity which affected his speech. The Applicant applied for a promotion and was informed by a member of the Human Resources Department that his [...]
In recent amendments to the Employment Equity Act (The Act), the scope of application of unfair workplace discrimination was widened to include the concept of discrimination on an arbitrary ground. Section 6 of the Act provides that no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on [...]
The Employment Equity Act aims to correct the demographical imbalance in the workplace by removing barriers to previously disadvantaged races, women and disabled persons. Chapter 2 of the Act provides a framework of anti-discrimination legislation aimed at placing a positive obligation on all employers to eliminate unfair discrimination in any employment policy or practice. The [...]
Section 6(1) of the Employment Equity Act, as amended states that: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, [...]
When confronted with a sexual harassment claim, it is always advisable for employers and employees to familiarise themselves with the Employment Equity Act and the Code of Good Practice pertaining to sexual harassment before pursuing the matter. Firstly, it is important for the party involved to bring the alleged conduct to the employer’s attention for [...]
It is trite law that the employer bears the responsibility for the unlawful acts committed by its employees in the scope of their employment, also referred to as vicarious liability. This means that if an employee discriminates or harasses another employee, the other employee may sue the employer for damages. In these instances, the employer [...]
One of the key amendments to the Employment Equity Act relates to the express inclusion of the prohibition of unfair discrimination related to working conditions and wages. Section 6 (4) of the Employment Equity Act reads as follows: A difference in terms and conditions of employment between employees of the same employer performing the same [...]
Recently, some of the Employment Equity Act 55 of 1998’s (the act) sections have been amended. This article specifically address the amendments made to sections 10 and 11 of this act. It can be summarized as follows: (1) An employee, or applicant for employment, may refer a dispute concerning alleged unfair discrimination (or medical or [...]
Prior to the Employment Equity Amendment Act taking effect, section 10 of the Employment Equity Act held that a dispute regarding alleged unfair discrimination had to be referred to the CCMA within six months after the act or omission which constituted the alleged unfair discrimination, occurred. The CCMA thereafter had to attempt to resolve the [...]