Searching Content indexed under Discrimination, Disability & Sexual Harassment by ENSafrica ordered by Published Date Descending.
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Can Your Employer Tell You How To Dress?
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
South Africa
30 Jul 2019
South Africa
30 Oct 2018
Can An Employer Be Held Liable For Racial Discrimination Towards An Employee By One Of Its Customers?
In this case, the CCMA commissioner accepted that the employee had indeed been bullied and victimised.
South Africa
22 Aug 2018
Is There A Place For Workplace Romance In The #MeToo Era?
The recent judgment of the Labour Court in Rustenburg Platinum Mines Limited v UASA obo Steve Pietersen is a further clear indication of the seriousness with which South African courts...
South Africa
1 Aug 2018
Is It Possible To Refuse Employment To A Job Applicant Based On A Sexual Harassment Record?
Recent case law has shown that the South African courts are prepared to hold employers liable for conduct amounting to sexual harassment perpetrated by their employees.
South Africa
1 Aug 2018
South Africa's Unforgotten And Relevant Past (Mind Your Language)
In the decision in Rustenburg Platinum Mine and SAEWA obo Meyer Bester and Others, the Constitutional Court dealt with the question of whether an employee referring to a colleague as a "swart man" ...
South Africa
20 Jun 2018
Proposed Guidelines For Credit Providers: Credit Affordability Assessments
Regulation 23A(4) of the National Credit Regulations was enacted to give effect to section 81 and 82 of the National Credit Act, 2005 (the "NCA").
South Africa
29 May 2018
Can Algorithm Bias Result In Employment Discrimination?
A modern, technologically driven society generates large amounts of information about members of that society.
South Africa
12 Apr 2018
When Can A Difference In Pay Be Justified?
The decision in National Education Health & Allied Workers Union on behalf of Sinxo & others and Agricultural Research Council is important primarily for two reasons.
South Africa
12 Apr 2018
Employment Discrimination Outlawed If Based On A Criminal Record Irrelevant To The Work In Question
The Mauritian Equal Opportunities Act, 2008 (the "Act") prohibits and sanctions discrimination in employment on the basis of a person's status. Status encompasses age ...
South Africa
5 Feb 2018
With Child, Without Pay
The employee was (and still is) employed by the company as an electrician in the gold refining plant.
South Africa
24 Nov 2017
A Costly Mistake For Failing To Protect An Employee Against Sexual Harassment
The LAC judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers...
South Africa
10 May 2017
Sexual Harassment – Who Enforces The Rules?
South African law treats sexual harassment as a serious form of misconduct that infringes upon a person's dignity and other fundamental rights.
South Africa
26 Apr 2017
Uncertainty Regarding Sector Codes Not Aligned To The Amended Codes Clarified
The enforcement of the trumping provision created a lot of uncertainty in the industry, especially as to the status of the existing Sector Codes.
South Africa
3 Dec 2015
"Do You Want A Lover Tonight?" – Navigating The Fine Line Between Sexual Attention And Sexual Harassment
If you are thinking about "trying your luck" with a work colleague, think twice – that moment of indiscretion may cost you your job.
South Africa
1 Dec 2015
BEE "Trumping Provision" In Force And Effect
The controversial so-called trumping provision of the Broad-Based Black Economic Empowerment Amendment Act 46 of 2013 has come into force and effect as of 24 October 2015...
South Africa
2 Nov 2015
Maternity Leave For Men - The Case Of Mia V State Information Technology Agency (Pty) Ltd
An important judgment on maternity leave for men was handed down by the Durban Labour Court on 26 March 2015.
South Africa
9 Apr 2015
The Latest On The Labour Law Amendments
December 2013 and January 2014 saw the publication of two of the labour law amending acts that have been in the pipeline for some time.
South Africa
25 Feb 2014
Employment Equity – The Need To Be ‘Situation Sensitive’ Is Imperitive When Determining Equality Claims
The Supreme Court of Appeal recently pronounced on the protracted equality case concerning the grievance of a former police captain, Renate Barnard, who was unsuccessful in applying for a promotion to the position of Superintendent in a specialised unit of the South African Police Service on two occasions, despite it being admitted that she was the best candidate for the position.
South Africa
24 Feb 2014
The Dangers Of Providing In Employment Contracts That A Dismissal Must Be For A Fair Reason And Follow A Fair Procedure. A Recent Lesson From The Labour Court
Some employers qualify the termination provisions in their standard employment contracts, by stating that they will only terminate the employee’s employment where a fair reason exists to do so and after following a fair procedure.
South Africa
2 Dec 2013
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