n Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg - Racial harassment in the workplace : context as indicator
2009 ILJ 1692 (ARB) : regspraak

Volume 2014, Issue 3
  • ISSN : 0257-7747


This note examines the role of context in establishing racial harassment as interpreted in (2009 ILJ 1692 (ARB) (the case)), the only case that has thoroughly dealt with this concept in discrimination jusrisprudence so far.

For purposes of the note "context" means: "circumstances, conditions, factors, state of affairs, situation, background, scene, setting" ( (2ed)). In some instances context is clear and obvious, while in other instances it is more obscure or disguised. Moreover, conduct that is unfair in one context may not necessarily be unfair in another context.

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