Tag: unfair discrimination

In a recent landmark ruling, the Labour Court's decision in the case of Connor v Lexisnexis (Pty) Ltd (P18/24) [2024] ZALCPE 11 sheds light on the evolving stance towards employing individuals with a criminal record. The court's acceptance of the employee's claim for unfair discrimination underscores a fundamental shift in perspective, advocating for fairness and inclusivity in the workplace.

A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.

A recent judgment by the Labour Court confirms the current untenable position that many working-class South Africans find themselves in - being unable to retire comfortably at the standard retirement age, thus necessitating working beyond retirement.

The earnings threshold will increase to R254,371.67 with effect from 1 April 2024, entitling employees falling below the threshold to stricter protections in terms of labour legislation.

The Employment Equity Act 55 of 1998 aims to promote equal opportunity and fair treatment in employment through the elimination of unfair discrimination and the implementation of affirmative action measures. The Act requires designated employers to submit annual reports on their progress in achieving employment equity goals.

The Department of Employment and Labour has officially launched the 23rd Annual Commission for Employment Equity (CEE) Report and the Public Register. This year's report, released on June 23, reveals a continued pattern of slow progress in achieving employment equity goals over the past two decades.

The Minister has gazetted new Preferential Procurement Regulations. This has a fundamental impact on how the tenders your business submits will be evaluated. In 2017, the Minister of Finance issued detailed Preferential Procurement Regulations in terms of the Preferential Procurement Policy Framework Act (Number 5 of 2000).

Unfair discrimination on the grounds of pregnancy is prohibited under South African law. Despite the protections afforded to employees who are pregnant, or who intend to become pregnant, and the many inroads South African labour legislation has made on gender equality, provisions and practical application may be inadequate.

The employment of foreign nationals must not adversely impact the rights of unskilled South Africans and excluding South Africans from employment opportunities may constitute unfair discrimination. The recent High Court ruling confirmed that businesses who seek to employ foreign nationals must show that they have tried to train South African citizens to meet their needs when applying for corporate visas for foreign nationals.

Employment Equity Act (EEA) Amendment Bill has been approved by the National Council of Provinces and it is waiting for the president’s signature. Once the president has signed this Bill into law, Chapter 2 will immediately be activated as the criteria by which companies will deemed to be compliant.