MRL3702 SEMESTER 2 2022
10/20/2022 PORTFOLIO
SHABBA
WHATSAPP 079 959 9549
, a)
i. The conduct of NAA towards both Kryshna and Thandi amounts to unfair
discrimination on the grounds of pregnancy and maternity in terms of section
6 of the Employment Equity Act, 1998 (EEA). It is unfair discrimination to
terminate the contracts of employment of employees who are on maternity
leave, as this is likely to adversely affect their health and well-being, and that
of their newborn children.
ii. Unfair discrimination is treating someone unfairly because of who they are.
It can be based on their race, ethnicity, national origin, religion, sex,
disability, or other characteristics.
Discrimination can be intentional or unintentional.
It can be direct, like when someone is treated differently because of
their protected characteristic, or indirect, like when there’s a policy that
has a negative impact on a group of people with a protected
characteristic.
Discrimination can also be systemic, meaning it’s built into the
systems and structures of an organization or institution.
i. The possible remedies for Kryshna and Thandi if they decide to refer
their case to the CCMA are as follows:
They could be awarded reinstatement, which would mean that
they would be given their jobs back.
They could be awarded back pay, which would compensate
them for the wages they lost while they were not working.
They could be awarded compensatory damages, which would
compensate them for any other losses they incurred as a result
of the discrimination, such as medical expenses or emotional
distress.
b) Contemporaneous inconsistencies may arise when an employer disciplines an
employee for conduct that was not expressly prohibited by the employer's rules or
policies.
Indicates that the employer had the authority to discipline its employees
Historical inconsistencies may arise when an employer disciplines an employee for
conduct that was not expressly prohibited by the employer's rules or policies at the
time the conduct occurred.
Indicates that the employer did not have the authority to discipline its employees.
10/20/2022 PORTFOLIO
SHABBA
WHATSAPP 079 959 9549
, a)
i. The conduct of NAA towards both Kryshna and Thandi amounts to unfair
discrimination on the grounds of pregnancy and maternity in terms of section
6 of the Employment Equity Act, 1998 (EEA). It is unfair discrimination to
terminate the contracts of employment of employees who are on maternity
leave, as this is likely to adversely affect their health and well-being, and that
of their newborn children.
ii. Unfair discrimination is treating someone unfairly because of who they are.
It can be based on their race, ethnicity, national origin, religion, sex,
disability, or other characteristics.
Discrimination can be intentional or unintentional.
It can be direct, like when someone is treated differently because of
their protected characteristic, or indirect, like when there’s a policy that
has a negative impact on a group of people with a protected
characteristic.
Discrimination can also be systemic, meaning it’s built into the
systems and structures of an organization or institution.
i. The possible remedies for Kryshna and Thandi if they decide to refer
their case to the CCMA are as follows:
They could be awarded reinstatement, which would mean that
they would be given their jobs back.
They could be awarded back pay, which would compensate
them for the wages they lost while they were not working.
They could be awarded compensatory damages, which would
compensate them for any other losses they incurred as a result
of the discrimination, such as medical expenses or emotional
distress.
b) Contemporaneous inconsistencies may arise when an employer disciplines an
employee for conduct that was not expressly prohibited by the employer's rules or
policies.
Indicates that the employer had the authority to discipline its employees
Historical inconsistencies may arise when an employer disciplines an employee for
conduct that was not expressly prohibited by the employer's rules or policies at the
time the conduct occurred.
Indicates that the employer did not have the authority to discipline its employees.
