Attitude and the demonstration of an understanding of the rights of pregnant employees can play an important part in the outcome of an unfair discrimination dispute. The law. Section 187 (1) (e) of the Labour Relations Act states that a dismissal is automatically unfair if the reason for the dismissal is the employee’s pregnancy, intended ...
The employer alleged that if the sexual harassment had taken place, it had not been reported. The court also rejected this evidence on the basis that the employer’s witnesses were not credible. Second, although the employee resigned, it was regarded as a constructive dismissal. According to the court it was clear that the inaction of the ...
A new Code of Good Practice on the Prevention and Elimination of Harassment, came into effect on 18 March 2022. The Code, issued in terms of the Employment Equity Act (EEA), replaces the previous Code of Good Practice on Handling Sexual Harassment cases in the Workplace.
Labour Laws. Labour Relations Act of 1995 (as amended) Basic Conditions of Employment Act No. 75 of 1997 (as amended) National Minimum Wage Act of 2018. Employment Equity Act of 1998 (as amended) Broad-Based Black Economic Empowerment Act No. 53 of 2003. Skills Development Act No. 97 of 1998 (as amended)
In terms of the Employment Equity Act there is also an obligation on employees to report instances of discrimination to the employer to allow it to take the necessary corrective measures. Workplace discrimination can take many forms, but racism and sexual harassment are the two that occur most frequently.
Wrongful acts can include anything from all forms of discrimination by employees against others (e.g. sexual harassment or racism) to assault, motor vehicle accidents and any other negligent or deliberate behaviour by employees that causes harm or loss to others. There is little the employer can do to avoid this type of liability, except ...
A new Code of Good Practice on the Prevention and Elimination of Harassment, came into effect on 18 March 2022. The Code, issued in terms of the Employment Equity Act (EEA), replaces the previous Code of Good Practice on Handling Sexual Harassment cases in the Workplace and gives a more detailed meaning to the prohibition in section 6 (2) of ...
The LAC summarised the relevant principles involved in the formulation of disciplinary charges as follows: - An employee must be made aware of the charges against him or her. - The charges must be specific enough for the employee to be able to answer them. - The employer ordinarily cannot change the charge, or add new charges, after the ...
A new Code of Good Practice on the Prevention and Elimination of Harassment, came into effect on 18 March 2022. The Code, issued in terms of the Employment Equity Act (EEA), replaces the previous Code of Good Practice on Handling Sexual Harassment cases in the Workplace.