Africa as no exception. It is generally accepted that women constitute the vast majority of sexual harassment victims. Sexual harassment is therefore one of the major barriers to women’s equality as it is a significant obstacle to women’s entrance into many sectors of the labour market. The Constitution now provides that no person may unfairly discriminate against anyone on grounds of, inter alia, sex and gender. The Employment Equity Act now provides that harassment is a form of unfair discrimination. It has been said that harassment is discriminatory because it raises an arbitrary barrier to the full and equal enjoyment of a person’s rights in the workplace. Much can be learned from the law of the United States and that country’s struggle to fit harassment under its discrimination laws. The Code of Good Practice on the Handling of Sexual Harassment Cases attempts to eliminate sexual harassment in the workplace by providing procedures that will enable employers to deal with occurrences of sexual harassment and to implement preventative measures. The Code also encourages employers to develop and implement policies on sexual harassment that will serve as a guideline for the conduct of all employees. Although the Code has been subject to some criticism, particularly regarding the test for sexual harassment, it remains a valuable guide to both employers and employees alike. The appropriate test for sexual harassment as a form of unfair discrimination has given rise to debate. Both the subjective test and the objective test for sexual harassment present problems. Some authors recommend a compromise between these two tests in the form of the “reasonable victim” test. The Employment Equity Act makes the employer liable for the prohibited acts of the employee in certain circumstances. The Act, however, places certain responsibilities on the employer and the employee-victim before the employer will be held liable for sexual harassment committed by an employee. Sexual harassment committed by an employee constitutes misconduct and can be a dismissible offence. An employer may also be held to have constructively dismissed an employee, if the employer was aware of the sexual harassment and failed to control such behaviour, and the employee is forced to resign. The test for determining the appropriateness of the sanction of dismissal for sexual harassment is whether or not the employee’s misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. However, for such a dismissal to be fair it must be both substantively fair and procedurally fair.

D.Phil. / Equality, status and remuneration of women in the workforce remain of on-going interest and concern. Although extensive research has been conducted into this field, intensely personal experiences of women in the work environment is an important area to be researched, as this may hold the key to assisting them in successfully reaching the higher echelons within the business world. Insight into women’s workplace experiences is a worldwide need in order to improve empowerment and equality in the workplace. Unfortunately this type of insight is lacking in the body of research that is currently available. The motivation for this study entitled: Towards Understanding Experiences of Women Aspiring to Senior Management Positions within a Business Environment was to examine the intensely personal experiences and emotions of women striving to achieve a senior place in the business hierarchy, especially when they encounter unexpected obstacles such as workplace bullying. The researcher has experienced many challenges that have influenced her career over her last ten years at work. Undertaking an auto-ethnographic study, an approach she wasn’t even aware of until 2006, provided her with the opportunity to study these events and experiences, and to learn from the knowledge gained, and thereby put forward suggestions to effect the social change that is required to improve a career woman’s quality of life. The aims of this research study were to understand the context of the research participants’ work situations and their resultant experiences, to propose actions to relieve the negative emotions and behaviours that may occur during such situations, as well as generate knowledge and add to existing theories. This research explores and describes the realities of two working women, and how they make sense of their worlds and experiences. The researcher has adopted elements of post-modernism as well as some positivistic and modernistic components which occur in varying degrees along the qualitative research continuum. While qualitative researchers hold different views regarding the incorporation and relevance of literature to their research topic, the researcher has incorporated both literature and theory in this thesis. Insights gained from the lived experiences of the research participants have been applied by means of analytical induction to relevant theory and contributeto the body of knowledge.

M.A. / The study is about the concept of Affirmative Action in the Employment Equity Act of South Africa, however it traces the history of Affirmative Action from the United States of America and Malaysia. These two countries are found to be leading the world in Affirmative Action. The term ‘Affirmative Action’ originated from the United States of America to prohibit unfair discrimination against certain groups of people because of non-job-related characteristics in terms of Civil Rights Act of 1960. Malaysia introduced Affirmative Action to develop education and employment opportunities of the Bumiputra. Bumiputra is one of the ethnic groups in Malaysia that have suffered unfair discrimination. Affirmative Action is a concept that became topical with attempts in South Africa to increase the participation of previously disadvantaged groups in the workplace. This concept, which is accepted constitutionally, is still controversial in its meaning and practice. It is for this reason that the study attempts to dispel misunderstandings about the concept. The study distinguishes Affirmative Action from related concepts such as equal employment opportunity and reverse discrimination. In order to develop the idea of Affirmative Action, the study also makes a distinction between descriptive definitions and normative definitions. This study opted for normative definitions in order to develop an ideal of what Affirmative Action is supposed to be. The study looks at how Affirmative Action is conceptualised in the Employment Equity Act of South Africa. Through the evaluation of the concept of Affirmative Action in the Employment Equity Act in terms of my normative definition of Affirmative Action, it was found that Affirmative Action in the Employment Equity Act complies with the normative definition of Affirmative Action. The following are my conclusion: - Affirmative Action is not similar to reverse discrimination or equal employment opportunities. - Affirmative Action in the Employment Equity Act is another form of discrimination though not unfair - It redresses injustices experienced by groups who have been disadvantaged in the past. - It eliminates unfair discrimination and develops the skills of those who did not have opportunities - It promotes equal opportunities in employment and thus it is a temporary intervention in the workplace. The findings of the study concluded that Affirmative Action is essential to the economic and skills development of the disadvantaged groups in particular and the South African society in general. / Prof. G.J. Rossouw Professor H.P.P. Lőtter

Magister Administrationis - MAdmin / The shift from an ethnocentric, monocultural society to a more inclusive and democratic society should be accompanied by a national policy providing equal access to resources in a proactive, affirmative manner. This can be achieved in one of the two ways, either through equal employment opportunity or Affirmative Action. Affirmative Action is a specific intervention directed toward ensuring that employment opportunities are created by actively correcting imbalances caused by past discrimination and achieving employment targets. Equal employment opportunity implies an absence of discrimination, whereas Affirmative Action denotes compensatory discrimination in favour of disadvantaged groups. Affirmative Action is a supplement to, rather than equivalent to equal employment opportunities in that equality cannot be a genuine option where the effects of previous discriminatory practices have not been redressed. In an equal opportunities system, not all persons have the same chance of achieving the desired goal, but all are provided with equal means to achieve it. The unequal outcome of such a system is caused by the unequal skills for talents of the past discrimination, especially in terms of education and experience. All the Directors of Tygerberg Administration who responded to the questionnaires supported this and all of them agreed that training is necessary for all employees, especially the previously discriminated groups. The primary objective of Affirmative Action can therefore said to be the adequate advancement of disadvantaged groups for the purpose of securing equal rights, freedom and opportunities.Equal employment opportunity is seen as a passive agreement on the part of the employer not to discriminate against any particular group. Employers adhering to the principle of equal employment opportunity evaluates candidates for employment according to performance criteria which relates directly to the requirements of a particular position. Affirmative Action seeks to go beyond equal employment opportunity in that it recognises that, when members of disadvantaged groups constitute only a small percentage of the labour pool, passively providing equality of opportunity will not suffice in overcoming the effects of previous discriminatory employment practices. Affirmative Action employers are therefore given the mandate to identify and remove the barriers to the employment of those under-represented in the workplace. Merely removing the present obstacles to equality does not necessarily ensure equality between groups since the effects of previous discrimination need to be actively redressed. It can be noted that equal employment and Affirmative Action programmes should not be equated with each other as they imply different approaches to overcoming the effects of previous discrimination. Affirmative Action is said to be a supplement to, rather than the equivalent of equal employment opportunity, in that it is required to eliminate the barriers to real equality in the workplace. In this regard, it is essential to point out that Affirmative Action programmes are a means to an end, namely equal employment opportunity, and should not continue after this end has been achieved. Due to the similarity between the two terms, Affirmative Action and equal employment opportunity are often equated with one another when, in essence, they have different meanings. From the information gathered for this research it was clear that not many Blacks were employed in management and supervisory positions of the City of Tygerberg. The research revealed that despite adopting the Agreement on Affirmative Action and equal employment practice of the National Labour Relations Forum for Local Government as its policy framework, the Tygerberg Administration had not succeeded in meeting most of its obligations in terms of the above mentioned policy framework. This is largely ascribed to problems experienced with the implementation of equal employment and Affirmative Action programmes within the local authority. The methods of communicating these programmes to especially its lower category of disadvantaged employees to participate in training opportunities to improve their working skills, were not capitalised on. There was an unequal distribution of skills due to the effects of past discrimination, especially in terms of education. Active steps therefore need to be taken to ensure that the intentions of the local authority with repect to equal employment and Affirmative Action are implemented efficiently and effectively. / South Africa

Magister Educationis (Adult Learning and Global Change) - MEd(AL) / This study investigated the attitudes and responses of male employees to the implemention of the Gender Equity Strategy and considered the implementation for the development of a gender education and training intervention. The study investigated the initial resistance to the introduction and implementation of the Gender Equity Strategy at the Polymer Plant by male employees. / South Africa

This research paper explores the means at the disposal of employers and employees to address the phenomenon of unfair labour practice relating to promotion in the workplace. Furthermore the paper endeavours to illustrate that there are aspects of South African law that provide a framework within which unfair labour practices can be addressed in the workplace. As I explore these fundamental issues of the law, the fairness relating to recruitment and selection practices will be examined. Some recommendations are also made as to how departments and organisations must address promotion issues at the workplace. There are often perceptions of alleged unfairness committed by employers in the workplace. These perceptions emanate from a number of allegations. The allegations include but are not limited to past practices, policy considerations, acting in higher positions, prior promises, being better qualified, receiving higher marks in the interviews, irregular conduct by the interviewing panel, unfair decisions by appointing authority or their failure to apply their minds, affirmative action or equity considerations. The study seeks to explore some of these allegations and further provide certainty as to what the legal recourse is under those circumstances. The research further seeks to provide the legal certainty pertaining to issues of promotion in the workplace. The study commences on a general approach to the principles of law relating to unfair labour practice in the public sector. Further developments of the law relating to promotion as it applies to the education sector are explored. The study culminates with possible remedies available to instances where an unfair conduct has been found to be committed by the employer during the promotion process. There is sufficient case law which covers the promotion processes. The study also exposes forms of relief which can be awarded to applicants who had lodged disputes in which it is found that indeed the employer had committed unfair labour practice relating to promotion. The study further aims to explore both procedural and substantive fairness with regard to appointment and promotion processes. Issues which are dealt with concerning fairness in promotion disputes include polygraph tests, whether there are hard and fast rules to the process, whether employees have the general right to promotion, what the requirements for fair appointment or promotion are, the law on substantive fairness, affirmative action and promotion, the consequences of failure to appoint the most suitable candidate, dealing with candidates who obtained higher scores in the interviews, promoting a candidate who had not met minimum requirements and promoting candidates based on flawed scores. The research also deals with frivolous referrals of disputes and costs which can be awarded against such applicants. Further issues which are dealt with in this research include the concept of “joinder” which is critical where there is an incumbent in the post which is disputed and the relief sought is that such post must be set aside. Further clarity is given on who is supposed to be joined in a dispute which is referred in the education sector. The CCMA rules on joinder are also clarified. The consequences of failure to join the incumbent are also dealt with. The research is also clarifying the concept of prematurity or ripeness in promotion disputes and its consequent lack of jurisdiction if such is referred.

Women representation in management positions is described as a fundamental human right and an important means of fair democratic representation. This study intended to investigate the factors determining women upward mobility and their promotion to management positions. Included as variables were traditional gender roles, access to education and lack of mentoring and role models. The study followed the qualitative approach using snowball sampling and conducting semi structured interviews with ten Controlling Officers from different ministries and department of the Malawi Public Service to find out whether the variables under investigation indeed affect women upward mobility. Empirical evidence shows that traditional gender roles e.g. being mothers affect women upward mobility. Similarly, limited access to education is another factor that limits women access to managerial positions. Lack of mentoring and role models, especially where there are already few women at the top also affects women’s upward mobility. The study recommended that Malawi government should help women get scholarships that provide for their children. Furthermore, the government should provide flexible working hours especially for mothers. Women themselves should meet for a cup of tea where they can empower each other on the most important aspects of their job as chief executives; that is delivering a speech, making presentations and forming networks.

Equality is a fundamental constitutional value in the Constitution. Formal equality presupposes that all persons are equal bearers of rights and that inequality can be eliminated by extending the same rights to all. Formal equality is blind to social and economic differences between groups and individuals. Substantive equality, on the other hand, is receptive to entrenched, structural inequality, meaning that the equality clause of the Constitution must be read as founded on a substantive concept of equality. An employer can utilise the defence of an inherent requirement of a job in the case of an unfair-discrimination claim since the defence is available in terms of both the Employment Equity Act, in respect of employment discrimination, and the Labour Relations Act in respect of discriminatory dismissals. The defence is narrow in that only essential duties of a particular job will be taken into account to determine inherent requirements of a particular job. Reported judgments where this defence is used are scant. What makes the defence more onerous is that an employer has to show that the particular employee could not be reasonably accommodated, before the inherent-requirement defence will succeed. It is integral to the determination of whether there was unfair discrimination and whether such discrimination was justifiable. An important debate in our discrimination law relates to the question of whether any significance should be attached to the fact that only unfair discrimination is outlawed. Neither of the aforementioned pieces of legislation clearly state that affirmative action or an inherent requirement of a job are the only defences available to employers. Where these two defences are found to be not applicable, may the fairness be decided in terms of a general fairness defence? This question is also addressed in the present treatise. It is submitted that foreign law is a valuable interpretive tool, provided it is used wisely, in that judgments originating from courts and tribunals in the United Kingdom and Canada may assist to provide an understanding of the issues central to employment discrimination law and the parameters of the defence of inherent requirements of the job. Thus, in developing employment discrimination law in South Africa, consideration of foreign jurisprudence may prove informative.

Previously, our workplaces were characterised by serious hardships emanating from labour laws which did not always cater for all areas of the employment relationship. South African female employees were without a clear legitimate remedial right precluding any severe violation and infringement to their fundamental rights resulting from their pregnancy; a task they did not opt for in the first place, but was instead, naturally imposed on them as a result of their gender category. Undoubtedly, many female employees were victims of unfair discrimination. The legislature therefore saw it fit to democratise the workplace by making rapid statutory interventions. As a result, a number of significant changes in various spheres of our labour laws were brought in. Amongst the greatly notable valuable changes was the introduction of the Employment Equity Act 55 of 1998. This piece of legislation has generally reformed our industrial society by bringing in the elimination of unfair discrimination and thereby enhancing the principle of equity in the workplace. The act has further touched a place within hearts of female employees for fear of discrimination as a result of their pregnancy status or any reasons related to their pregnancy. The act further codified Industrial Court decisions that were already established under the discrimination law jurisprudence from the Labour Relations Act 28 of 1956. The application of the provisions of the Act has made the employment relationship no longer to be a comfort zone for employers. These general changes to the law also impact on the dismissal law regime. The purpose of this treatise is to give an overview of the applicable legislation and contributions made by the Labour Courts in developing pregnancy dismissal and discrimination law. The Labour Courts have handed down few judgements that have helped in clarifying the provisions of both the current Labour Relations Act and the Employment Equity Act around the topic. One should hasten to say that this has never been a smooth process by the courts. It is further shown in this treatise that some of the court decisions were not well accepted in the light of other important considerations, such as the equality provisions of the Constitution. For the purpose of effectively dealing with this topic, this treatise contains a discussion of the historical context of discrimination law in the form of common-law position, and the discrimination law before the Bill of Rights and the Constitution. It then endeavours to identify the legislative provision of the Act when it comes to discrimination law provisions. At the same time the important court decisions that were made are identified and examined.

Affirmative action is the purposeful, planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.