Tag: unfair discrimination

The Employment Equity Amendment Act (EEAA) 2025 marks a major step in South Africa’s effort to speed up workplace transformation and address persistent inequalities. A key change is the redefinition of a designated employer. Previously determined by both staff numbers and turnover, it now applies only to organisations with 50 or more employees, reducing the burden on small businesses.

In the dynamic landscape of workforce management, the concept of retirement age holds both rational and practical importance. For employers, understanding the legal framework is crucial. It helps ensure compliance and supports adaptation to evolving standards.

Wanatu's language policy requirement for proficiency in the Afrikaans language is central to their business model, and has sparked significant debate. Wanatu operates in Centurion and Pretoria. One of Wanatu’s key value propositions, as stated on its website, is “Restoring dignity in our communities' jobs in Afrikaans” (direct translation from the website).

Employment equity compliance is a crucial aspect of fostering diversity and inclusion, ensuring businesses adhere to regulatory requirements while promoting equal opportunities. In today’s competitive business landscape, fostering a diverse and inclusive workforce is a strategic advantage. It isn’t just a regulatory requirement.

AI-driven recruitment raises critical concerns about bias, fairness and legal accountability in modern hiring practices. There is mounting foreign case law that provides both employers and Artificial Intelligence (AI) developers with significant food for thought.

Employers and managers have the prerogative to set workplace rules and standards, including performance standards. Oftentimes, managers come across as being harsh, bullish, dismissive, or overly critical when attempting to enforce certain workplace standards.

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.