Can a failure to extend a collective wage agreement be unfair discrimination?

This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa The most recent amendments to the Employment Equity Act permit the CCMA to consider unfair discrimination claims in certain circumstances. Exercising its newly found jurisdiction to determine ‘equal pay for equal work’ claims, the CCMA recently considered this question in the … Continue reading

What protection from discrimination do employees have on the grounds of gender in South Africa?

By Karen Ainslie (ZA) on November 4, 2015 Posted in Discrimination and harassment, General, South Africa

This article was written by Douglas de Jager , an associate at Norton Rose Fulbright South Africa Section 9 of the Constitution of the Republic of South Africa states that “[n]o person may unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status…” and that “[n]ational … Continue reading

Fairness v justifiability in unfair discrimination cases

By Karen Ainslie (ZA) on September 4, 2014 Posted in Discrimination and harassment, South Africa

This article was written by Kelly Armstrong, a candidate attorney at Norton Rose Fulbright South Africa The new amendments to the Employment Equity Act 55 of 1998 (the EEA) assist employers in defending unfair discrimination claims by enabling employers to show that the alleged unfair discrimination is justifiable. Prior to the amendment, an employer was … Continue reading