What is a listed ground with regards to discrimination?
Presumption of unfairness, employer may prove that discrimination did not take place, or if it did was rational and fair.
What is an unlisted/Arbitrary ground with regards to discrimination?
When the claimant employee must prove discrimination took place and that it was unfair.
What 3 stages are used to establish whether there was unfair discrimination?
- Must be established whether there was unfair discrimination.
- If there was, must be established whether based on listed ground. If so, unfairness is presumed.
- If discrimination not based on prohibited grounds, differentiation may still amount to unfair discrimination if it can be proved.
How can harassment be regarded as discrimination under EEA?
If it is discrimination on grounds of sex.
What is a designated employer?
Someone who employs 50 or more people.
What is the Barnard Principle?
Designated employer may refuse to appoint or promote an employee from a designated group at certain occupational level in case persons from that employees designated group are over-represented at that level.
what is the difference between direct and indirect discrimination?
Direct: Differnetionally standard based on something arbitrary.
Indirect: Seems neutral on face, but in practise has a disproportionate impact on certain groups.
In what 3 cases would discrimination be justified with regards to inherent requirements of the job.
Authenticity, Privacy and decency, safety
In terms of the EEA, what shows that a person is suitably qualified for a job. (4)
- Formal qualifications.
- Prior Learning.
- Relevant experience.
- Capacity to acquire, within reasonable time, the ability to do the job.
What are the 4 duties of designated employers?
- Employer must consult in TU or reps who must reflect the interests of employees across all categories of the employer’s workforce.
- Must conduct analysis of its employment policies, procedures and working environment in order to identify employment barriers which adversely affect designated groups.
- Employment equity plan must be put into place.
- Must report annually to the director General on the progress made with the implementation of the plan.
What 5 affirmative action measures must be implemented by a designated employer?
- Measures to identify and eliminate employment barriers.
- Measures to further diversify representation in the workplace.
- Measures to make reasonable accommodation for people from designated groups in order to ensure that they enjoy equal opportunities.
- Ensuring equitable representation of qualified persons from designated groups.
- Retaining and developing people from designated groups and implementing appropriate training measures.
How much is the minimum fine for not complying with a Labour inspector?
first contravention is R500 000 fine.
