Applying the intersection between defence of the inherent requirements of the job and the duty to provide reasonable accommodation for persons with disabilities in the workplace : Damons v City of Cape Town
dc.contributor.author | Ngwena, Charles | |
dc.contributor.email | charles.ngwena@up.ac.za | |
dc.date.accessioned | 2025-05-15T11:36:17Z | |
dc.date.available | 2025-05-15T11:36:17Z | |
dc.date.issued | 2024 | |
dc.description.abstract | In Damons v City of Cape Town (2022), by a majority, the Constitutional Court held that the inherent requirements of the job defence in s 6(2)(b) of the Employment Equity Act is a complete defence to a charge of unfair discrimination in respect of an employee who has no capacity to perform the job in question due to a disability that cannot be rehabilitated or reasonably accommodated. By contrast, in a sole dissent, Pillay AJ held that s 6(2)(b) is not a complete defence where the employer ought to have created a new position to fit the capacities of the employee as a reasonable accommodation measure. This commentary explores the implications of the Damons case and appraises the divergent approaches of the Constitutional Court. | |
dc.description.department | Centre for Human Rights | |
dc.description.librarian | hj2025 | |
dc.description.sdg | SDG-08: Decent work and economic growth | |
dc.description.sdg | SDG-10: Reduces inequalities | |
dc.description.uri | https://www.tandfonline.com/loi/rjhr20 | |
dc.identifier.citation | Charles Ngwena (2023) Applying the intersection between defence of the inherent requirements of the job and the duty to provide reasonable accommodation for persons with disabilities in the workplace: Damons v City of Cape Town, South African Journal on Human Rights, 39:2-3, 210-224, DOI: 10.1080/02587203.2024.2325409. | |
dc.identifier.issn | 0258-7203 (print) | |
dc.identifier.issn | 1996-2126 (online) | |
dc.identifier.other | 10.1080/02587203.2024.2325409 | |
dc.identifier.uri | http://hdl.handle.net/2263/102404 | |
dc.language.iso | en | |
dc.publisher | Routledge | |
dc.rights | © 2024 the Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an open Access article distributed under the terms of the Creative Commons Attribution license (http://creativecommons.org/licenses/by/4.0/). | |
dc.subject | Persons with disabilities (PWDs) | |
dc.subject | Employment | |
dc.subject | Unfair discrimination | |
dc.subject | Equality | |
dc.subject | Non-discrimination | |
dc.subject | Reasonable accommodation | |
dc.subject | Inherent requirements of the job | |
dc.title | Applying the intersection between defence of the inherent requirements of the job and the duty to provide reasonable accommodation for persons with disabilities in the workplace : Damons v City of Cape Town | |
dc.type | Article |