Protection against Unfair Discrimination in the Workplace: Are the Courts Getting It Right?
Darcy Du Toit provides a detailed discussion of discrimination on grounds that are branded as “unfair” with reference to the Constitution, the LRA, the Employment Equity Act (EEA) and International Labour Organisation Convention 111.
The article examines the way that the courts have dealt with claims of unfair discrimination by employees up to 2006, noting various unclear and problematic interpretations of the meaning of “discrimination” which are said to present a danger to employees. Also highlighted is the interpretation of affirmative action in some cases as a form of “discrimination” that needs to be justified. The article concludes by suggesting ways in which trade unions can help to make protection against unfair discrimination in the workplace more effective.