To prove unfair discrimination in the workplace, it’s not enough for employees to show victimisation, unfairness or bad faith — they need to show unequal treatment based on their specific attributes or characteristics, writes CarmelRickard.
A new labour court decision lays it on the line for employees who allege “unfair discrimination” by an employer. It’s a hard matter to prove and the courts aren’t going to be swayed — even by the saddest tale — if the facts don’t amount to this type of discrimination.
Peter Kroon, the acting judge hearing this case, began his decision by remarking that “not all sins in the workplace are the same”, and that “unfair discrimination is an offence of a special kind” with its “own DNA”. He added that this is hardly surprising, given the constitutional value of equality “in a country with a history disfigured by classification ... and oppression”...If you have already registered or subscribed, please sign in to continue.
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