SECTION 60 OF THE EMPLOYMENT EQUITY ACT 1998: WILL A COMPARATIVE APPROACH SHAKE THIS JOKER OUT OF THE PACK?
Bibliographic record
Abstract
Section 60 of the Employment Equity Act 1998 provides for the liability of an employer to an employee suffering from discriminatory conduct by another employee. Section 60 also provides two defences that can be raised by the employer in such circumstances. In this article the circumstances under which an employer can be held liable in terms of section 60 are explored. More particularly, the meaning of the requirement that the discriminatory conduct must relate to an employment policy or practice is considered. The possible meaning of harassment in the workplace is also reflected upon with reference to developments and jurisprudence in the context of sexual harassment. The nature and content of the defences available in terms of section 60 are analysed with reference to comparative jurisprudence in Britain, Australia, Canada and the United States of America. In view of this, reservations are expressed about the correctness of the judgment of the Labour Court in SATAWU obo Finca v Old Mutual Life Insurance Company (SA) Limited and Burger.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.012 | 0.019 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.007 | 0.014 |
| Scholarly communication | 0.012 | 0.014 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.014 | 0.009 |
| Insufficient payload (model declined to judge) | 0.012 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".