Workplace discrimination and harassment claims

FAQ for Workplace Discrimination and Harassment Claims

What is workplace discrimination?

Workplace discrimination refers to the unfair treatment of an employee or job applicant based on their race, gender, age, religion, disability, or any other protected characteristic as outlined in the Employment Equity Act. Discrimination can occur in various forms, including unequal pay, denial of employment opportunities, harassment, and unfair dismissal.

What is workplace harassment?

Workplace harassment refers to any unwelcome conduct that creates a hostile or intimidating work environment. This can include verbal abuse, physical abuse, sexual harassment, or any other form of harassment. Harassment can be perpetrated by a colleague, supervisor, or even a client or customer.

What are my rights as an employee?

As an employee, you have the right to a workplace free from discrimination and harassment. You also have the right to file a complaint if you believe you have been subjected to discrimination or harassment. Once a complaint has been filed, your employer has a legal obligation to investigate and address the issue.

What steps should I take if I experience workplace discrimination or harassment?

If you experience workplace discrimination or harassment, you should report the incident to your employer or HR department. You should also document the incident and any subsequent actions taken by your employer. If your employer fails to address the issue, you may need to file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA).

What is the role of the CCMA in workplace discrimination and harassment claims?

The CCMA is an independent body that provides dispute resolution services for workplace disputes. If you file a complaint with the CCMA regarding workplace discrimination or harassment, they will investigate the matter and attempt to reach a resolution between you and your employer. If a resolution cannot be reached, the matter may be referred to the Labour Court.

Can I be fired for filing a workplace discrimination or harassment claim?

No, it is illegal for your employer to retaliate against you for filing a workplace discrimination or harassment claim. If you believe you have been fired or otherwise retaliated against for filing a claim, you may file a complaint with the CCMA.

How long do I have to file a workplace discrimination or harassment claim?

You have 6 months from the date of the incident to file a claim with the CCMA. It is important to act quickly if you believe you have been subjected to workplace discrimination or harassment, as the longer you wait, the more difficult it may be to gather evidence.

Labour lawyers in South Africa primarily deal with laws and regulations related to employment and labor rights. They handle cases involving issues such as unfair dismissals, discrimination, workplace safety, wages, collective bargaining, and industrial disputes. The main legislation that governs labor relations in South Africa is the Labour Relations Act of 1995, which establishes the rights and obligations of employers, employees, and trade unions. Another significant law is the Basic Conditions of Employment Act, which sets out the minimum standards for employment conditions. Additionally, the Employment Equity Act promotes equality and prohibits unfair discrimination in the workplace. The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a key body responsible for resolving labor disputes. For more information on South African labor laws and relevant governing bodies, you can visit the following links:

1. Labour Relations Act: https://www.acts.co.za/labour-relations-act-1995
2. Basic Conditions of Employment Act: https://www.acts.co.za/basic-conditions-of-employment-act-1997
3. Employment Equity Act: https://www.acts.co.za/employment-equity-act-1998
4. Commission for Conciliation, Mediation, and Arbitration (CCMA): http://www.ccma.org.za/