Unfair Discrimination Referral (EEA)
Treated differently at work because of race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, or birth.
Forum: CCMA for conciliation within 6 months → then CCMA arbitration or Labour Court · Your case file: R249 · preview free
How this works
- Tick the ground(s) and describe the conduct with comparators (how others were treated).
- Download the referral pack.
- First lodge the internal grievance if available — the CCMA expects you to have tried.
- Lodge at the CCMA within 6 months of the act. After the certificate you have 90 days to elect arbitration or Labour Court.
Section 6(1) of the Employment Equity Act prohibits unfair discrimination on ANY listed ground (and analogous grounds). The referral window is SIX MONTHS. The onus shifts to the employer under s60 if you make out a prima facie case. This pack drafts the referral with the onus arguments and the route map.
No lawyers. No jargon. Citations included.