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Employment Equity Law

Employment Equity Law is a subscription based product including both the printed loose-leaf and LexisMobile publications. Updates for 12 months (print and mobile) are included in the price.

Publication Language: English
Print + Mobile
R2,338.93
R2,105.04
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ISBN/ISSN: 060EMPEQUISYS

Product details

Employment Equity Law is a subscription based product including both the printed loose-leaf and LexisMobile publications. Updates for 12 months (print and mobile) are included in the price.

Employment Equity Law is a comprehensive guide to the field of employment equity.

Employment Equity Law integrates workplace law and the constitutional equality framework and provides details how to apply general principles to particular workplace practices or policies. As such, it is ideal for legal and human resource practitioners and students of labour law.

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Table of contents

Introduction

Employment Equity

Sources of employment equity law

Plan of the book

Constitutional framework for equality in employment

Substantive equality

Equality and dignity

Framework for establishing inequality and unfair discrimination

Mere differentiation and unfair discrimination

Mere differentiation

Unfair discrimination

Justification of mere differentiation

Direct employment discrimination

Direct and indirect employment discrimination

Intention to discriminate

Discrimination "based on" one or more prohibited grounds

"One or more" grounds of discrimination

Comparability

Disadvantage

Indirect employment discrimination

Introduction

Comparative overview

Requirements for indirect employment discrimination

Justification of employment discrimination

Introduction

Legitimate grounds of justification

Standard of proof

Inherent requirements of the job

Other fairness-based defences

Harassment

Introduction

General aspects

Sexual harassment

Pregnancy (reproductive) harassment

Racial, ethnic, religious and national origin harassment

Disability harassment

The Protection from Harassment Act 17 of 2011

Reasonable accommodation

Introduction

The constitutional foundations of reasonable accommodation

Comparative overview

The interface between reasonable accommodation and affirmative action under the Employment Equity Act

The interface between reasonable accommodation, human rights and social constructions of disability

Defining disability

Applying reasonable accommodation

Reasonable accommodation of pregnancy and maternity

Reasonable accommodation of family responsibility

Reasonable accommodation of religion and culture

Discrimination in employment policies and practices

Recruitment

Appointment

Promotion

Job assignment

Transfer

Remuneration and employment benefits

Leave

Work schedules and work hours

Overtime

Retirement

Dress codes, grooming and appearance standards

Working environment and facilities

Training and development

Disciplinary measures

Demotion

Dismissal

Affirmative action

Introduction

The relationship between substantive equality, affirmative action and the right against unfair discrimination

Requirements of affirmative action in terms of section 9(2) of the Constitution

Employment equity plans

Introduction

Broad-based black economic empowerment and employment equity

Employers bound by the duty to implement affirmative action

Duty to consult

Analysis

Employment equity plan

Employment equity report

Review of employment equity report

Monitoring and enforcement

Monitoring by employees and trade unions

Powers of labour inspectors

Undertaking to comply and compliance order

Objections against compliance orders

Appeal from a compliance order

Assessment and review by the Director-General

Legal proceedings and remedies

Jurisdiction

Procedure in discrimination and victimisation disputes

Procedure in automatically unfair dismissal disputes

Unfair discrimination remedies

Unfair dismissal remedies

Awards for costs

Review of awards

Appeals

Employment Equity Act 55 of 1998

General Administrative Regulations, 2009

Codes of Good Practice