No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground.

Any party to a dispute may refer the dispute in writing to the CCMA within six months after the act or omission that allegedly constitutes unfair discrimination.

The CCMA must attempt to resolve the dispute through conciliation.

  • If the dispute remains unresolved after conciliation, any party to the dispute may refer it to the Labour Court for adjudication.
  • An employee may refer the dispute to the CCMA for arbitration if the employee alleges unfair discrimination on the grounds of sexual harassment or in any other case, that employee earns less than R18 673.37 per month.
  • Any party to the dispute may refer it to the CCMA for arbitration if all parties to the dispute consent to arbitration of the dispute.

CONTACT CAPE LABOUR.

For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law Consulting (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

FAQs

If you believe you have faced unfair discrimination, you can refer the dispute in writing to the Commission for Conciliation, Mediation and Arbitration (CCMA) within six months of the incident. The CCMA will first attempt to resolve the issue through conciliation. If unresolved, you may escalate the matter to the Labour Court for adjudication.

Yes, if an employee alleges unfair discrimination based on sexual harassment, they can refer the dispute to the CCMA for arbitration, provided they earn less than R18,673.37 per month. Additionally, any party can refer a dispute to arbitration if all involved parties consent to it.

The CCMA plays a crucial role in resolving disputes related to unfair discrimination and other labour issues. They facilitate conciliation to help parties reach an agreement. If conciliation fails, disputes can be escalated to the Labour Court for adjudication, ensuring that employees' rights are protected.

If you need to give written notice while on annual leave, sick leave, maternity leave, or family responsibility leave, it is important to follow your employer's procedures for notification. Ensure that your notice is clear and submitted in accordance with company policy to avoid any misunderstandings regarding your leave status.