Name: Jo-Anne Elders

Student number: 45300011

Subject: HMA2602-23-S1
Assignment: 2
Unique number: 674053
1.1
Date: 5 March 2023

DISCRIMINATION AND UNFAIR DISCRIMINATION

Table of contents Page

1. Introduction 1
2. Task 1 1
1.1 Was the court’s decision justified? 1
1.2 Discrimination 1
1.3 Diversity 1
1.4 Discriminated against of her religion 2
1.5 Employment Equity Act of 1998 2
1.6 Difference between discrimination and 3
affirmative action
3. Task 2 4
2.1 Unfair discrimination claims to employer 4
2.2 Describe the 3 grounds of schedule 8 of the 4
LRA act
2.3 Warrant the demotion 4
2.4 Demotion 5
2.5 Criteria of a successful demotion procedure 5
4. Conclusion 6
5. Reference 7
6. Declaration 8
 1. Introduction
People find themselves in situations at a workplace where the employer
is discriminating against employees. Discrimination comes in different
ways, example: race, gender, religion and even something that is not
relevant to the work.

2. Task 1
1.1 The court’s decision is justified, because the employer feel that the
department of health discriminate against her cultural believes.
However the employer never gave the management time to
reconsider the dress code policy, before they assign anyone for a
post.

1.2 Discrimination means when an employee or a group of employees

are being handle differently in the workplace, because of the
gender, race or any cultural believes. “ In its simplest form,
discrimination means to treat applicants or employees differently”,
(Bezuidenhout, 2007:56)

1.3 Diversity means having different group of people with different

backgrounds, like cultural believes, racial, experiences in the same
place. “Given the growing cultural diversity in the world,
businesses necessarily must be more attentive to diversity issues.
As the workforce becomes more diverse, many businesses are
seeking to capitalize on these differences”, (Martin, 2013: 5). This
can be a positive growth for a workplace; clients will feel free to
talk to someone that will understand them in their mother
language, and less pressure on other employees. “ Benefiting from
cultural differences in the workplace involves not only working with
diverse employees and employers but also seeing new business
markets”, (Martin, 2013: 5).
1.4 Yes the employee was. According to the Employment Equity Act of
1998, and employee cannot be discriminated because of their
religion/ cultural believes. The policy of the uniform at the
workplace should be up to date and fair, so all employees
understand what is expected from them. The management should
have explained to the parents of the patients in the paediatric ward
the reason of the employee’s full headpiece.

1.5 “ The full list of discriminatory reasons as contained in Section 6 of

the Employment Equity Act of 1998 is race, gender, sex,
pregnancy, marital status, family responsibility, ethnic or social
origin, colour, sexual orientation, age, disability, religion,
conscience, belief, culture, language, birth, political
political option and HIV
status”, (Bezuidenhout, 2007:57)

3.1
1.6 Discrimination

Employees are treated differently based on educational backgrounds.

Employer can even treat the applicant differently because of the race,
gender and age. Some employees are treated differently for their religion
beliefs, something that is not eve relevant to the work. “This already
means that the danger of discrimination should be addressed in all
policies and practices of an employer, ranging from job description and
selection, through performance appraisal and remuneration to
termination of employment”, (Bezuidenhout, 2007: 56)
 5.1
Affirmative action

Employers must have an equal amount of each race in the workplace. At

the workplace there must be employees that can speak each different
language to help different clients. With affirmative action the employees
may decide what race he wants, if he has enough of the one race in his
company. “But it is more important to realise that the discrimination in
this case will not be regarded as unfair, because of the Employment
Equity Act of 1998, mindful of the need for affirmative action in our
society, specifically regards affirmative action consistent with its
purposes as fair discrimination”, (Bezuidenhout, 2007:59)

3. Task 2
2.1 “In short, unfair discrimination is differential treatment, which is
based on an arbitrary ground- one of the bad reasons such as race, sex
or disability identified in the previous paragraph”, (Bezuidenhout, 2007:
57). The employer was prejudice against Violet, because of the question
that they asked. The judge Violet before they even gave her a chance to
prove them. They showed bias on how they choose the candidate for the
vacancy.

2.2 The conduct of the employee- This is like a staff code on how
employees must or must not behave.
The capacity of the employee- Is the employee’s work of such a art that
he/she knows what is expected from the.
The operational requirement of the employer’s business- This can be
how good is the business functioning, financially, technology and the
structure of the business.
2.3 If an employee shows poor performance, not doing what she/he is
assigned for.
Employee is given a disciplinary, because the employee not acting in
her/his scope of practice.
When an employee is doing personal things during working hours and
not taking responsibility for it, actions will be made.

2.4 “Demotion is the opposite of promotion and involves a downward

movement in the job hierarchy with regard to skill, responsibility, status
and compensation”, (Bezuidenhout, 2007:97). When an employee has
been promoted to a higher level, and manager realise that this employee
actually made other co-workers do all the work, and now in this higher
level he/she cannot perform, the manager can demote or downgrade
her/his position again.

2.5 “Criteria for demotion must be specified and incorporated into the
human resources management policy and procedure.
Criteria for demotion should be uniformly applied to all employees.
Promotions and transfers should be carefully monitored so that they do
not serve as cover-ups for demotions.
Managers, supervisors and employees should be regularly informed
when upward, downward and lateral movement of employees is under
discussion”, (Bezuidenhout, 2007:97).
 4. Conclusion

When applicants apply for a job they must make sure about all the
policies and that the employer will not discriminate against the co-
workers. Employment Equity Act of 1998 must in place at the
organisations. Employer must be aware off all applicants, about their
backgrounds and their CV.

5. Reference 7.1

Bezuidenhout. MC, Garbers. CJ & Potgieter. S, Managing for healthy

labour realtions, 2nd edition, 2007

Martin. JN, Nakayema. JK, Van Rheede. GP & Schutte. PJ,

Experiencing intercultural communication, 2013

6. DECLARATION
I declare that this assignment is my own original work. Where secondary
material has been used (either from a printed source or from the
internet), this has been carefully acknowledge and referenced in
accordance with departmental requirements. I understand what
plagiarism is and am aware of the department’s policy in this regard. I
have not allowed anyone else to borrow or copy my work.

Sign: J. Elders Date: 5 March 2023

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1.1 YOU DID NOT READ THE INSTRUCTIONS. YOU =NEED TO SEPARATE THESE 2.

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