n Without Prejudice - An additional cause of action? : employment law




Section 9 of the Constitution, 1996, prohibits unfair discrimination while s23 provides for the right to fair labour practices. Section 9 requires that In addition, South Africa has ratified the International Labour Organizations (ILO) Discrimination (Employment and Occupation) Convention, 1958, which in Article 3 enjoins its members to "declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof".


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