DISCRIMINATION

The law provides for redress for an *employee who is subject to an unfair labour practice in the workplace.

An unfair labour practice includes any unfair act or omission that arises between an employer and employee, involving unfair discrimination, whether directly or indirectly, against an employee. (*employee includes an applicant for employment.) 

The nature of discrimination:

Discrimination is to show favour, prejudice or bias for or against a person on any arbitrary ground including, but not limited to:

• Race,

• Gender,

• Sex,

• Pregnancy,

• Marital Status,

• Family Responsibility,

• Ethnic or Social Origin,

• Colour,

• Sexual Orientation,

• Age,

• Disability,

• Religion,

• HIV Status,

• Conscience,

• Belief,

• Political Opinion,

• Culture,

• Language and Birth.

Types of discrimination:

There are two kinds of discrimination;

• fair discrimination, and

• unfair discrimination.

Steps to take when unfair discrimination takes place:

Any employee who feels that he/she has been unfairly discriminated against, or that an employer has contravened the laws, can lodge a grievance with their employer.  The matter can be referred to the CCMA within six months of the unfair discrimination taking place when the matter cannot be satisfactorily resolved at the workplace.  If the CCMA is not able to resolve the dispute through conciliation, the matter can either be referred for arbitration (if both parties agree) or to the Labour Court for adjudication.

If you are alleging discrimination, it would be up to you to prove that such discrimination took place.  You would be required to do more than just allege discrimination on arbitrary grounds.  You would be obliged to allege and prove more than mere differentiation in respect of the treatment meted out by the employer.  It would be up to you to prove that discrimination was practiced by the employer.

Information contained herein in is based on documentation available from the CCMA. 

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