Class notes
Merc Law Topic 2 - Companies
- Course
- Institution
Mercantile Law Topic 2 Notes, Companies
[Show more]
Seller
Follow
dianadixie
Content preview
CHAPTER 6 – EMPLOYMENT EQUITYINTRO AND BACKROUND
• Employment Equity: Unfair discrimination and affirmative action
• The Employment Equity Act, 1998 (EEA)
• The EEA's goal is to give effect to sec 9 in two ways:
• Prohibition of unfair discrimination in the workplace
• An obligation on certain employers to promote equality for groups affected by
previous unfair discrimination through the application of affirmative action
UNFAIR DISCRIMINATION
What is unfair discrimination in the workplace?
• Section 6 of the EEA - Listed grounds of discrimination (direct or indirect)
“No person may unfairly discriminate, directly or indirectly against an employee (or applicant
for employment) in any employment policy or practice on one or more grounds including
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, or on any other arbitrary ground”.
• Includes ‘HIV status’ - see Hoffmann v SAA
• Relevant concepts from legislation
• "Employment Policy or Practice" = very wide
• "Employee"
• "No person" may discriminate
How to test if it was unfair discrimination?
• Test in Harksen v Lane:
Was there differentiation?
• If there was differentiation, was it on a listed ground? If so, discrimination is
established and there is a presumption of unfairness
• Even if it is not on a listed ground, determine whether the differentiation was
based on a characteristic that has the potential to infringe on the inherent
dignity of a person
Burden of proof?
• Listed ground = presumption of unfair discrimination. Employer needs to
prove fairness of discrimination or that discrimination did not take place
• Unlisted or arbitrary ground: Employee must prove UNFAIRNESS of
discrimination
Direct and indirect discrimination
• Direct discrimination = when the differentiating standard is directly based on a
listed/unlisted ground
• Indirect discrimination = when the ground on which the discrimination is based is
neutral, on the face of it, but in practice has a disproportionate impact on certain
categories of persons.
• Equal pay for equal work or work of equal value:
• Included by the 2014 amendments
• Unfair discrimination, unless employer can demonstrate that the difference in
remuneration or other terms of service is based on fair factors
• Right to equal pay?
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller dianadixie. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.67. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52355 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now