General Issues

Employment Law Update: Discrimination in the Workplace

By 08/02/2019 No Comments
A gavel and a name plate with the engraving Employment Law

Employment law update: Discrimination in the workplace. Section 187(1)(f) of the Labour Relations Act 66 of 1995 (as amended) renders a dismissal automatically unfair if the reason for the dismissal is that the employer unfairly discriminated against an employee, directly or indirectly, on any arbitrary ground, including, but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility.

In the case of TDF Network Africa (Pty) Ltd v Faris (CA 4/17) [2018] ZALAC 30; [2019] 2 BLLR 127 (LAC) (5 November 2018) the Labour Appeal court confirmed that a dismissal based on religious beliefs or conduct would amount to an automatically unfair dismissal and would amount to unfair discrimination if the dominant reason for the dismissal was the employee’s religion and the discrimination against the employee (the dismissal) was not fair or justifiable under the circumstances.

Read the full judgment here

Ian Mc Laren

Ian Mc Laren

Ian McLaren BA LLB (WITS) General Educated St Johns College, Houghton. BA LLB University of the Witwatersrand 1984 Founded McLarens Attorneys September 1986. Right of Appearance High Court, October 1996. Expertise Litigation, Labour Law, Commercial Law, Family Law, Pension and Provident Funds, Customs and Excise, Wills, Deceased Estates, Trusts, Commercial Agreements, Reviewing and Drafting Government Legislation, Information Technology. Committees/ Trusts Law Society of South Africa Information Technology Committee. Trustee Verney College Educational Trust Other Transvaal Provincial colours for Practical Shooting. Third degree Black Belt JKS Karate. Photographer and motor cyclist Lectured for Continuing Legal Education on Information Technology issues.