Labour

When work turns unlawful

Unfair dismissal, discrimination, harassment, and wage disputes—handled with a litigation plan, not a form letter.

KSV represents employees when an employer crosses the line under South African labour law. We handle the full arc of a workplace dispute—early strategy, CCMA conciliation, arbitration, and Labour Court or High Court proceedings—so you are not left guessing what comes next.

Discrimination

Unfair discrimination at work

Discrimination in the office can cause severe stress and anxiety, damage your job performance, and make the workplace intolerable. The Employment Equity Act and the Labour Relations Act protect employees in South Africa. It is important that you recognise those rights and hold employers accountable.

Age discrimination — treating an employee less favourably because of age, which the Employment Equity Act prohibits as an arbitrary ground of unfair discrimination.
Disability discrimination — unfair treatment of an employee because of a disability, including a failure to make reasonable accommodation.
Equal pay — employees doing the same or substantially the same work must not be paid differently on a prohibited ground.
Pregnancy discrimination — expectant and new parents are protected in hiring, dismissal, promotion, and work assignments.
Gender and sex discrimination — unfair treatment based on sex, gender, gender identity, or sexual orientation.
HIV status — employees and applicants may not be treated unfairly because of their HIV status.
Harassment — unwelcome conduct related to a prohibited ground, including racial, sexual, and other workplace harassment.
Ethnic or social origin — unequal treatment because of heritage, language, culture, or where a person comes from.
Racial discrimination — unfair treatment because of race, colour, or ethnic origin.
Religious discrimination — unfair treatment because of religion, conscience, or belief.

Sexual harassment

Sexual harassment remains one of the most damaging workplace problems in South Africa. Employers have a duty to prevent it and to act when it is reported, including under the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.

Every worker, no matter their placement or role, is entitled to a workplace free of unwanted sexual conduct. Protection comes from the Employment Equity Act, the Labour Relations Act, and the Constitution—not from foreign or state statutes.

If you are being sexually harassed at work, enduring in silence is not the answer. Employees are protected from:

Harassing emails, letters, and phone calls
Unwanted sexual advances
Stalking
Working in a sexually hostile setting
Unwanted sexually related demands
Sexual assault

Report the conduct to your employer in writing and keep a record. It is also unlawful for an employer to victimise a staff member because they raised a harassment complaint.

Victimisation

Employees often hesitate to report discrimination or harassment because they fear being demoted or dismissed. That response is unlawful. After a complaint, an employer may not dismiss, demote, or deny benefits because you spoke up.

Victimisation can also include unjustified poor reviews, severely reduced hours, denied promotions, or a hostile work environment. Whistleblowing—reporting unlawful conduct to management or to the authorities—is similarly protected, including under the Protected Disclosures Act.

Unfair dismissal

Some reasons for ending employment are lawful, such as proven poor performance or genuine operational requirements, if a fair procedure is followed. Many others are not.

If you have lost your job in Gauteng—or elsewhere in South Africa—for a reason that is automatically unfair, substantively unfair, or procedurally unfair, you may have a claim. Unfair dismissal referrals to the CCMA must usually be made within 30 days.

Tell us what happened.

If you feel that you may have been the victim of discrimination, harassment, or unfair dismissal, fill out our contact form or call +27 74 769 4819.

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