Employers may find themselves in a difficult situation in distinguishing the fine line between unfairly discriminating against employees and upholding their reasonable code of conduct and policies within the workplace. In the past, it has been easy to discipline employees in terms of the so-called “zero tolerance” policies for substance and alcohol use and abuse. [...]
In a recent case, dealt with by CEOSA on behalf of one of our members, the CCMA addressed a complaint of unfair discrimination on the grounds of race. This ruling provides key insights for employers regarding the importance of maintaining fair and consistent employment practices to avoid claims of racial discrimination. It further explains the [...]
Section 6 (1) of the Employment Equity Act 55 of 1998 (EEA), as amended, provides that no person may unfairly discriminate, directly or indirectly, against any Employee in any employment policy or practice. Such discrimination includes race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, [...]
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 [...]