What is unfair discrimination

Discrimination occurs when an employer treats a person differently based on physical attributes
or other factors such as religion or political belief. The act of differentiation may at times be fair,
but it is more commonly found that differentiated treatment is unfair. Discrimination may be fair or
unfair. Every employer must take steps to promote equal opportunity in the workplace by
eliminating unfair discrimination in any employment policy or practice.

Remedies for Unfair Discrimination in the workplace

If the CCMA or the Labour Court decides that an employee has been unfairly discriminated against,
the Court/CCMA may make any appropriate order/arbitration award, including:

1. the payment of compensation by the employer to that employee;

2. the payment of damages by the employer to that employee;
3. an order/award directing the employer to take steps to prevent the unfair discrimination or
similar practice occurring in the future in respect of other employees.