At a glance

• Section 6 of the Employment Equity Act 55 of 1998 (EEA) prohibits unfair discrimination and further provides that the harassment of an employee is a form of unfair discrimination.
• In Solidarity obo C Kellerman v Western Cape Education Department and Others [2024] ZALCCT 59 (22 November 2024) the Labour Court had to consider whether an employee who was falsely accused of racism was in fact subjected to unfair discrimination.
• The court confirmed that just because an employee suffers an "unpleasant" event in the workplace does not necessarily mean that they have been subjected to harassment (as a form of unfair discrimination).

In Solidarity obo C Kellerman v Western Cape Education Department and Others [2024] ZALCCT 59 (22 November 2024) the Labour Court had to consider whether an employee who was falsely accused of racism was in fact subjected to unfair discrimination as prohibited by the EEA.

Factual background

The employee was accused of being racist by one of his subordinates. The Western Cape Education Department (Department) convened a disciplinary enquiry to test the veracity of these allegations. An independent chairperson concluded that the allegations of racism did not have any merit and, consequently, no action was taken against the employee for the allegations of racism.

The employee, however, was dissatisfied with the Department’s conduct and proceeded to refer a claim in terms of section 6(1) and 6(3) of the EEA on the basis that he had been...

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