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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Race and gender equality at work: the role of the judiciary in promoting workplace transformation
Authors:Fergus, Emma
Collier, Debbie
Year:2014
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:30
Issue:3
Pages:484-507
Language:English
Geographic term:South Africa
Subjects:gender inequality
race relations
work environment
labour law
jurisprudence
External link:https://doi.org/10.1080/19962126.2014.11865119
Abstract:The workplace is an important site of struggle for equality, a struggle mediated by the provisions of the Employment Equity Act of the South African Ministry of Labour. It is within the context of this regulatory framework for both formal and substantive equality, that this article is located. Through the lens of selected case law, the article explores certain barriers to transformation imposed both by the provisions of the law and by poor judicial interpretations and implementation thereof. It identifies and analyses various legal complexities, lacunae and anomalies, as well as concerns regarding aspects of the judiciary's approach to remedies in matters with the potential to impact on workplace transformation. The article concludes with proposals for possible future considerations by the courts, which might better promote race and gender transformation. Bibliogr., notes, ref., sum. [Journal abstract]
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