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Unfair discrimination in the workplace: Not everything that is bad, inexplicable or irrational will meet the criteria for unfair discrimination

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Unfair discrimination in the workplace: Not everything that is bad, inexplicable or irrational will meet the criteria for unfair discrimination

The Employment Equity Act 55 of 1998 (EEA) prohibits unfair discrimination in the workplace.

7 Apr 2025 10:02 Minutes Podcast
Unfair discrimination in the workplace: Not everything that is bad, inexplicable or irrational will meet the criteria for unfair discrimination

Unfair discrimination in the workplace: Not everything that is bad, inexplicable or irrational will meet the criteria for unfair discrimination

Podcast

Unfair discrimination in the workplace: Not everything that is bad, inexplicable or irrational will meet the criteria for unfair discrimination

Podcast

00:00 00:00
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Unfair discrimination needs to be considered within the context of section 9 of the Constitution which contains grounds upon which a person may not be directly or indirectly discriminated against. These grounds are also contained in section 6(1) of the EEA and include, amongst other things, race, gender, pregnancy, age and other arbitrary grounds.

In recent judgments, the Labour Court has reiterated that the test is objective and the mere fact that an employee experiences something that is unpleasant in the workplace would not necessarily mean that the employee has been subjected to unfair discrimination.

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