Understanding Employment Equity: Test for Unfair Discrimination (Part 3 of 3)

The test for discrimination is derived from Harken v Lane. The judgement can be found on this link:
www.saflii.org/za/cases/ZACC/1...
The test of unfair discrimination consists of the following questions:
(a) was there differentiation?
(b) was the differentiation based on a listed ground?
If (a) and (b) is "yes", the differentiation is presumed to be unfair discrimination. The onus then shifts the employer to prove that:
1. there was no unfair discrimination at all; or
2. that it was fair discrimination i.e. based on an inherent requirement of the job or affirmative action measures.
If the differentiation is and/or was based on an unlisted ground, the onus remains with the employee and the employee must prove that:
(a) the differentiation is and/or was not rational;
(b) it amounts to discrimination; and
(c) it was unfair.
In this video I briefly discuss the test for unfair discrimination.
You can find a copy of the Employment Equity Act on this link:
www.saflii.org/za/legis/conso...
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Video by: Labour Law With Ali

[@labourlawwithali]

Thank you for watching. Do you understand the test for unfair discrimination? If so, comment with "Yebo!".

[@nkatekomhlari780]

I love your passion

[@labourlawwithali]

Thank you

[@Tinqa.]

Thank you for this ❤️ I am writing labour law today. 🎉 you are the best 🔥🔥 (Yebo)

[@labourlawwithali]

Good luck. I hope it goes well.

[@Tinqa.]

@@labourlawwithali we got a 15 marks question on unfair discrimination 💯 and I nailed it . Thank you 🙏 for

[@labourlawwithali]

@@Tinqa. Hahaha hayi ke mos that is great. I am glad I could help.

[@coachMims]

We are here ❤

[@labourlawwithali]

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[@coachMims]

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[@labourlawwithali]

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[@coachMims]

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[@rtoney]

You are a Genius ❤❤❤

[@labourlawwithali]

Thanks

[@rtoney]

Yebo...you are my teacher...I'm in America and You all the way in another Country...I need your help...

[@labourlawwithali]

Thank you for the positive feeeback. I am more than willing to help.

[@Tinqa.]

Please touch on trade unions and employers organisations.

[@labourlawwithali]

Noted. I have had few people asking me to discuss trade union etc. Thanks for the recommendation. It is the first time I see you on the comment session.

[@SibusisoMbethe]

Perhaps you can assist with some leading cases that tackle rational.

[@labourlawwithali]

Will keep that in mind for next content. Thank you

[@SibusisoMbethe]

Which source to often get latest Labour Laws? I often use Saflii

[@labourlawwithali]

That is a great source for case law purposes.

[@ItsJustMeHopie]

Great content ♥️♥️

[@labourlawwithali]

Thank you

[@ItsJustMeHopie]

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[@labourlawwithali]

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[@ItsJustMeHopie]

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[@aliciancume4616]

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[@labourlawwithali]

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[@ncjm9919]

Yebo!

[@labourlawwithali]

Thank you for watching

[@SibusisoMbethe]

Yeboo 🎉

[@labourlawwithali]

Thank you for watching