Protection of pregnant employees in the South African workplace : a labour law perspective

Magister Legum - LLMThe Constitution of South Africa lists pregnancy as a prohibited ground for discrimination. The South African labour law regime likewise makes provision for the protection of women and pregnant employees in the workplace. This protection is against less favourable treatment, through measures that prohibits dismissal and discrimination based on pregnancy. In defiance of these laws, the recent trend indicates that the less favourable treatment of women and pregnant employees in the South African workplace environment has become more prevalent and this has become a contentious issue. Thus, this study will firstly, in view of relevant constitutional guarantees, focus on labour legalisation (and where relevant, related legislation outside the labour law arena) that has been enacted to provide for the protection of pregnant women in the workplace. Secondly, this study will demonstrate that despite these provisions that affords for formal protection of pregnant women in the workplace, practically many pregnant women continue to be treated unjustly because of their pregnancies or reasons related thereto. It is therefore clear that there is a setback with regard to the practical implementation of the laws protecting pregnant employees. Finally, this study will clearly highlight that measures need to be established where the law protects pregnant employees in the workplace, so that these laws serve its purpose and that they are implemented in the correct manner that it is intended to serve. This will be done through tabling recommendations concerning how labour law should be implemented so that the employment rights of women and pregnant employees are comprehensively protected

Cultural and religious diversity: Are they effectively accommodated in the South African workplace?

Justice Yvonne Mokgoro and Archbishop Emeritus Desmond Tutu are but two of many public figures who have described South Africa as a “Rainbow Nation” – an expression used to highlight South Africa’s multicultural diversity. “Rainbow” is used to visually emphasise the various races, cultures, backgrounds and religions, to name but a few, of South Africa’s inhabitants. Yet, whilst diversity is in general regarded as good and necessary for societies to progress and evolve, practically managing diversity in micro-entities, such as places of work, unfortunately often turns out to be quite complicated. With diversity in mind, the general focus of this article will be on cultural and religious diversity in the South African workplace. Consequently, the meaning of “culture” and “religion” will be explored, albeit briefly, in contextualising the rest of the discussion. The article will attempt to illustrate that despite the competing cultural and religious interests of parties (with a focus on the competing interests of employers and employees in particular), South African courts appear willing to go to considerable lengths to protect the exercise of employees’ constitutional rights in this regard. In doing so the article will briefly explore cultural and religious diversity in South Africa, and in particular how such diversity filters through to, and is addressed in, the work environment. The article will proceed to consider existing legislation which addresses cultural and religious diversity in the South African workplace, and how such legislation has been implemented and interpreted by arbitrators and judges to date

Falling into gentle ruin.

Includes bibliographical references.Through this research I have endeavoured to unpack the ‘whys’ and ‘hows’ of my own obsession with collecting photographs, by relating it to a theoretical framework as well as to contemporary artistic practice. I further present here examples of my own body of work to show how I have given form to my concerns