Book and Book Chapters (Faculty of Law)
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Browsing by Author "Du Toit, Darcy"
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Item Enterprise responsibility for sexual harassment in the workplace: comparing Dutch and South African law(Kluwer Law International, 2008) Du Toit, DarcyIntroduction: Sexual harassment in the workplace is generally deplored, destructive of working relationships and unlawful. Despite this it is widespread and possibly on the increase. In Spain, according to a 2006 survey, 7,9% of women workers had been harassed by managers and colleagues during the previous 12 months. In the Netherlands the number of employees who had suffered sexual harassment by fellow-employees in the previous 12 months doubled from 2,5% in 2000 to 5,3% in 2003. Why, despite all measures to discourage it, does it remain so disturbingly prevalent?Item The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act(Juta Law, 2009) Du Toit, DarcyIntroduction: This chapter sets out to examine the concept of “unfair discrimination” in the employment context as it has evolved over the past three decades. It will note the efforts made by the courts to clarify it and suggest that, in the process, the opposite may have happened. And it will argue that much of this endeavour was unnecessary because, all the time, an answer was readily at hand. Since 1998 at least a peremptory signpost to that answer has been provided by section 3(d) of the Employment Equity Act of 1998 – hence the title above.