Exam (elaborations)
MRL3702 PORTFOLIO SEMESTER 2 2022
- Institution
- University Of South Africa (Unisa)
MRL3702 PORTFOLIO SEMESTER 2 2022 9 FOR ASSISTANCE
[Show more]
Content preview
MRL3702 SEMESTER 2 202210/20/2022 PORTFOLIO
SHABBA
WHATSAPP 079 959 9549
, a)
i. The conduct of NAA towards both Kryshna and Thandi amounts to unfair
discrimination on the grounds of pregnancy and maternity in terms of section
6 of the Employment Equity Act, 1998 (EEA). It is unfair discrimination to
terminate the contracts of employment of employees who are on maternity
leave, as this is likely to adversely affect their health and well-being, and that
of their newborn children.
ii. Unfair discrimination is treating someone unfairly because of who they are.
It can be based on their race, ethnicity, national origin, religion, sex,
disability, or other characteristics.
Discrimination can be intentional or unintentional.
It can be direct, like when someone is treated differently because of
their protected characteristic, or indirect, like when there’s a policy that
has a negative impact on a group of people with a protected
characteristic.
Discrimination can also be systemic, meaning it’s built into the
systems and structures of an organization or institution.
i. The possible remedies for Kryshna and Thandi if they decide to refer
their case to the CCMA are as follows:
They could be awarded reinstatement, which would mean that
they would be given their jobs back.
They could be awarded back pay, which would compensate
them for the wages they lost while they were not working.
They could be awarded compensatory damages, which would
compensate them for any other losses they incurred as a result
of the discrimination, such as medical expenses or emotional
distress.
b) Contemporaneous inconsistencies may arise when an employer disciplines an
employee for conduct that was not expressly prohibited by the employer's rules or
policies.
Indicates that the employer had the authority to discipline its employees
Historical inconsistencies may arise when an employer disciplines an employee for
conduct that was not expressly prohibited by the employer's rules or policies at the
time the conduct occurred.
Indicates that the employer did not have the authority to discipline its employees.
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ShabbaT. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R200,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now