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n Tydskrif vir die Suid-Afrikaanse Reg - Racial harassment in the workplace : context as indicator
SA Transport & Allied Workers Union obo Dlamini and Transnet Freight Rail 2009 ILJ 1692 (ARB) : regspraak
This note examines the role of context in establishing racial harassment as interpreted in SA Transport & Allied Workers Union obo Dlamini and Transnet Freight Rail (2009 ILJ 1692 (ARB) (the Dlamini 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" (Oxford Paperback Thesaurus (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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