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ARTICLE · 13 JANUARY 2012

Duty To Protect?

An employee has a right not to be subjected to racial discrimination in the workplace.

South AfricaEmployment and HR
Lavery Modise
Lavery Modise

Business Brief December 2011

An employee has a right not to be subjected to racial discrimination in the workplace. Failure by an employer to eliminate racist conduct in the workplace is unlawful.

In a recently reported Labour Court judgement the applicant relocated with his family from Durban to Brixton and moved into a residential complex provided by his employer that was shared with other employees.

The applicant is an Indian man and his fellow colleagues were predominantly white.

The applicant and his family were subjected to various forms of racial abuse from his white colleagues and their families. The employee laid a complaint to his station commander but the harassment continued.

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