Browsing by Author "Van De Rheede, Jeannine"

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    An assessment of the laws that aim to protect employees against discrimination on the ground of disability: a comparative analysis
    (University of the Western Cape, 2023) November, Kerishnie Delicia; Van De Rheede, Jeannine
    South Africa is known for its history of unfair discrimination. During apartheid persons with disabilities, women and black people were subjected to unfair discrimination and research shows that this is still the case. Disability discrimination in South Africa has become a pressing concern, not only for the government but also for the general public. In Smith v Kit Kat Group (Pty) Ltd the Labour Court held that: ‘The simple point is that [when] it comes to protection against discrimination in the case of a disability, it is of little relevance what the employee may think about his or her ability to fulfil the obligations and duties of the position. It is about what the employer perceives the disability to cause. Once the employer thinks that because an employee had a disability and this disability impacts on the employee’s ability to do the job, the discrimination protection against [persons with disabilities] must apply.’ The first democratically elected South African government realised the need to redress the injustices caused by the apartheid regime. This included employment opportunities for persons with disabilities. The desire of the government was to create access to labour markets for all South Africans. There was also a need to enact laws to eliminate inequalities and unfair discrimination in the workplace. This gave rise to the inauguration of the Constitution of the Republic of South Africa, 1996.
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    The effectiveness of South African legislation in protecting black employees from racial discrimination
    (University of the Western Cape, 2022) Pinyane, Teboho Shaun; Van De Rheede, Jeannine
    The Apartheid government passed segregation laws which favoured the white minority and unfairly discriminated against black people. The Constitution of the Republic of South Africa acknowledges the hardships caused by Apartheid and thus contains an equality clause governed by section 9 of the Constitution which prohibits unfair discrimination. The Constitution places an obligation on parliament to enact legislation with the aim of advancing and protecting persons or categories of persons disadvantaged by unfair discrimination.
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    An evaluation of South African legislation to determine its adequacy in protecting employees discriminated against on the ground of sexual orientation
    (University of the Western Cape, 2022) Adams, Vonschell; Van De Rheede, Jeannine
    Unfair discrimination on the ground of sexual orientation, has become an area of concern for some employees. The Employment Equity Act 55 of 1998 (EEA), which was enacted to give effect to section 9(4) of the Constitution, prohibits unfair discrimination on various grounds, which includes the ground of sexual orientation. LGBT is an acronym which consists of lesbian, gay, bisexual, transgender and queer individuals. These terms are used to describe the sexual orientation or gender identity of an individual. Section 6(1) of the EEA provides that no person may unfairly discriminate, either directly or indirectly against an employee on grounds which includes, inter alia, the ground of sexual orientation.
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    The extent to which the South African law governing racial discrimination protects employees: A comparison between South Africa and Canada
    (University of the Western Cape, 2022) Zuma, Gladwin; Van De Rheede, Jeannine
    During apartheid the lives of black South Africans were dominated by unfair discrimination on the ground of race. The creation of a new deracialised South Africa began with the dismantling of the legislation that existed during apartheid that promoted racial segregation and the promulgation of the Constitution. Section 9 of the Constitution promotes equality and prohibits unfair discrimination. The Employment Equity Act 55 of 1998 was enacted to give effect to section 9 (2) and 9 (4) of the Constitution. In terms of section 6 (1) of the EEA ‘no person may unfairly discriminate against an employee on various grounds which includes the ground of race’.
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    To what extent does the law governing dismissals based on operational requirements protect employees?
    (University of the Western Cape, 2022) Lovell, Elmien; Van De Rheede, Jeannine
    Retrenchments or dismissals based on operational requirements are defined as requirements based on economic, technological or similar needs of an employer.1 In terms of the Labour Relations Act 66 of 1995, a dismissal based on operational requirements is a permissible ground for dismissing an employee.2 However, research shows that some employers who choose to dismiss their employees use such dismissals to conceal the real reason for dismissing some of their employees.