Schedule 7: Transitional Arrangements
Part B: Unfair Labour Practices
2. Residual unfair labour practices

1. For the purposes of this item, an unfair labour practice means any unfair act or omission that arises between an employer and an employee, involving-

1. the unfair discrimination, either directly or indirectly, against an employee on any arbitrary ground, including, but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility;

2. the unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee;

3. the unfair suspension of an employee or any other disciplinary action short of dismissal in respect of an employee;

4. the failure or refusal of an employer to reinstate or re-employ a former employee in terms of any agreement.

2. For the purposes of sub-item (1)(a)-

1. 'employee" includes an applicant for employment;

2. an employer is not prevented from adopting or implementing employment policies and practices that are designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their frill and equal enjoyment of all rights and freedoms; and

3. any discrimination based on an inherent requirement of the particular job does not constitute unfair discrimination.