Claim Evaluation, Legal Advocacy, Settlement Negotiation, and Litigation Support
Workplace discrimination and harassment are strictly prohibited by South African law. The Employment Equity Act guarantees fair treatment for all employees, regardless of their characteristics such as race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth.
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.
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.
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.
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).
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.
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.
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.
Click the 'Connect' button and fill in the easy to use form.
Wait to hear back from a verified and licensed lawyer or legal professional. They may need to contact you to get extra information.
Once you are happy with the quote and the expert we recommended to you then proceed. If not just let us know and we will put you in touch with another legal professional.