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Transformation, Monitoring and Evaluation

Alleged perpetrator 
A person alleged to have committed an act of unfair gender-based discrimination.

Child
A member in the family or household that is dependent on the parent or guardian for general support which includes but is not limited to financial, spiritual and moral support and security. As stipulated in the BCEA with respect to Family responsibility leave, there is no age limit.

Childcare
Support mechanisms required to ensure that a child is reasonably supported, protected, nurtured and taken care of. This may include but is not limited to day-care facilities, transporting of children to and from school, attending parent consultation meetings, extramural activities, doctor’s appointments, emergencies, etc.

 

Direct unfair discrimination
An overt act of discrimination that is not reasonable or justifiable. Hate speech, i.e. communication including remarks and gestures that impair the human dignity of other persons, is a form of harassment that constitutes direct discrimination.

 

Discriminatory humour
Humour that is particularly offensive, regardless of how innocently intended it may be. At least some, if not all, of the “audience” will be offended. Jokes made at the expense of specific groups of people depend on, and in turn propagate, demeaning stereotypes (1).

Employment Equity
Derived from the Employment Equity Act which promotes the constitutional right of equality, the exercise of true democracy, the elimination of unfair discrimination in employment in order to redress the effects of discrimination, whereby a diverse workforce broadly representative of the South African population may be achieved.

Family responsibility
The responsibility of employees in relation to their spouse or partner, their dependant children or other members of their immediate family who need their care or support.

Family responsibility leave
Leave granted if the employee’s child is born or is sick; or in the event of the death of the employee’s spouse / life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling, as stipulated in the BCEA.

The University may require reasonable proof of an event as stipulated above.

Gender
Economic, social and cultural attributes associated with being male or female which may result in an imbalance of power.

Gender discrimination
(for the purposes of the Gender Equity Policy), will be extended to include: any distinction, exclusion, restriction or preference based on sex, gender, pregnancy, family responsibility, sexual orientation or marital status which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in political, economic, social, cultural or any other field of public life.

Life partner 
A person with whom the employee has a committed and serious relationship, akin to a marriage, based on objective criteria of mutual dependency and a shared and common household, irrespective of the gender of either party, provided that this is not in contravention of the Constitution of South Africa.

Unfair discrimination
Any distinction, exclusion, restriction or preference based on:

  • race,
  • gender,
  • sex,
  • pregnancy,
  • marital status,
  • family responsibility,
  • ethnic or social origin,
  • colour,
  • sexual orientation,
  • age,
  • disability,
  • religion,
  • conscience,
  • belief,
  • culture,
  • language,
  • Human Immunodeficiency Virus (HIV) status
  • birth or
  • any other reason which is unreasonable or unjustifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors.

Harassment of an employee or student is a form of unfair discrimination.

It is not unfair discrimination to:

  • Take Affirmative Action measures consistent with the purpose of the Employment Equity Act.
  • Distinguish, exclude or prefer any person on the basis of an inherent requirement of a job or learning programme.

(1) Adapted from Watch your language : Guideline for Non-discriminatory Language; pg 27; The University of Melbourne; 1996. Revised 2002