Labour and Employment Law
What it is: Workplace discrimination is unfavourable treatment of an employee based on characteristics such as sex, disability, religion, ethnicity, pregnancy or HIV status, as well as harassment, including sexual harassment, and victimisation. Protection draws on the 1999 Constitution's guarantee against discrimination, specific statutes such as those protecting persons with disabilities and persons living with HIV, and the National Industrial Court's growing application of international labour standards. When it applies: This service applies when you are denied opportunities, paid unequally, harassed, or dismissed or victimised because of a protected characteristic or for complaining about discrimination. It also assists employers seeking to prevent and respond to complaints lawfully. How a lawyer helps: An employment lawyer assesses whether the treatment amounts to unlawful discrimination or harassment, advises on evidence, and pursues a claim at the National Industrial Court for declarations, compensation and other remedies. Counsel can also help employers design compliant policies and grievance procedures. First steps: Document incidents with dates, witnesses and any messages, follow internal grievance procedures where safe to do so, and consult a lawyer to evaluate your claim and preserve your evidence. Because discrimination and harassment cases turn heavily on proof, careful and early record-keeping significantly strengthens your position before any claim is filed.
