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Racial harassment and discrimination in the workplace
Mini Dissertation (LLM)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613465111166976 |
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| access_status_str | Open Access |
| author2 | Diedericks, Leana Roseline Ruwayda |
| author_browse | Diedericks, Leana Roseline Ruwayda |
| author_facet | Diedericks, Leana Roseline Ruwayda |
| collection | Thesis |
| dc_rights_str_mv | © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/60094 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:34.553Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/60094 Racial harassment and discrimination in the workplace Diedericks, Leana Roseline Ruwayda CEBILESIBIYA.CS@GMAIL.COM Sibiya, Cebile UCTD Racial Harassment Workplace Discrimination Employment Equity Act Law theses SDG-16 SDG-16: Peace, justice and strong institutions Mini Dissertation (LLM)--University of Pretoria, 2016. This research will investigate the problem of racial harassment and discrimination in the workplace. This problem of racial harassment and discrimination in the workplace is based on section 6 of the Employment Equity Act1 (EEA) which lays the foundation of this research. In chapter one of this dissertation the background of our constitutional dimension is discussed as it is the cornerstone of our law.2 Chapter one also raises racial harassment and discrimination as a problem in the workplace. Chapter 2 discusses the pre-democratic, the transition to democracy and the post-democratic racial position in the workplace. Chapter 2 enables the reader to have a full understanding of South Africa?s racial history particularly in employment. Chapter 3 analyses how South African courts address the problem of racial harassment and discrimination in the workplace. This analysis is done by way of discussing cases that have dealt with racial harassment. Further issues that are discussed in chapter 3 are whether the sanction of dismissal imposed by courts in racial harassment and discrimination cases are appropriate. How courts address the sensitivity of employees towards racial harassment and discrimination in the workplace and finally the employers duty to protect employees from racial harassment and discrimination. This is done by way of a broader discussion of case law and section 60 of the EEA. Chapter 4 is the comparative chapter where racial harassment and discrimination from the United States of America (USA) perspective is analysed and compared to South Africa. In this chapter the Civil Rights Act of 1964 is used to discuss the test that USA courts use to establish racial harassment and discrimination in the workplace. The employer?s duty to protect employees from racial harassment is also discussed in chapter 4, as well as the tests used by courts to establish liability on the part of the employer in the USA. Chapter 5 includes recommendations on how courts and employers can ensure that the remedies that they impose on employees who are guilty of racial harassment are effective in the elimination of racial harassment and discrimination in the workplace. This chapter will also contain concluding remarks. Mercantile Law LLM Unrestricted 2017-04-26T11:51:53Z 2017-04-26T11:51:53Z 2017/04/06 2016 Mini Dissertation Sibiya, C 2016, Racial harassment and discrimination in the workplace, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60094> A2017 http://hdl.handle.net/2263/60094 en © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Racial Harassment Workplace Discrimination Employment Equity Act Law theses SDG-16 SDG-16: Peace, justice and strong institutions Racial harassment and discrimination in the workplace |
| title | Racial harassment and discrimination in the workplace |
| title_full | Racial harassment and discrimination in the workplace |
| title_fullStr | Racial harassment and discrimination in the workplace |
| title_full_unstemmed | Racial harassment and discrimination in the workplace |
| title_short | Racial harassment and discrimination in the workplace |
| title_sort | racial harassment and discrimination in the workplace |
| topic | UCTD Racial Harassment Workplace Discrimination Employment Equity Act Law theses SDG-16 SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/60094 |