ESSENTIAL EMPLOYMENT DISCRIMINATION LAW

THIS WORK EXAMINES THE ROLE THAT THE LAW PLAYS IN THE ERADICATION OF UNFAIR DISCRIMINATION AND PROMOTION OF AFFIRMATIVE ACTION IN THE WORKPLACE, EXAMINING THE EMPLOYMENT EQUITY ACT AS WELL AS THE MANNER IN WHICH THE COURTS HAVE INTERPRETED AND GIVEN EFFECT TO THE ACT. IT IS DIVIDED INTO FOUR PARTS. IN PART ONE THE CURRENT LEGISLATIVE FRAMEWORK REGULATING EMPLOYMENT EQUITY, NAMELY THE CONSTITUTION AND THE EMPLOYMENT EQUITY ACT, IS EXAMINED. PART TWO OF THE BOOK FOCUSES ON THE GENERAL PRINCIPLES OF EMPLOYMENT DISCRIMINATION LAW. IT EXAMINES THE CONCEPT OF "UNFAIR DISCRIMINATION", THE DISTINCTION BETWEEN "DIRECT" AND "INDIRECT" DISCRIMINATION AND "LISTED" AND "UNLISTED" GROUNDS OF DISCRIMINATION. THIS PART ALSO DEALS WITH THE STATUTORY DEFENCES AGAINST AN ALLEGATION OF UNFAIR DISCRIMINATION. PART THREE EXAMINES ISSUES SUCH AS DISMISSAL ON DISCRIMINATORY GROUNDS INCLUDING RACE, SEX, DISABILITY AND HIV/AIDS; THE PRINCIPLE OF EQUAL PAY FOR WORK OF EQUAL VALUE; DISCRIMINATION AGAINST PERSONS