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Article 48/2024

LabourEdge

What is the test to be applied when unfair discrimination is alleged on a listed ground in terms of s6(1) of the EEA?

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  • The answer to the above entails the test as set out in s11(1) of the EEA.
  • Step 1 entails that the employer must identify the specific listed ground and, if the employee fails to do so, the matter does not proceed to step 2.
  • Step 2 entails the employer discharging the onus on it to prove, on a balance of probabilities:
    • that the discrimination, as alleged, did not take place, or
    • if the discrimination did take place, that same is rational and not unfair or otherwise justifiable
    • if the employer discharges this onus, then the claim is dismissed for being bad in law – on the other hand, if the onus is not discharged, unfair discrimination on the listed ground has been established
September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.