Home | Contact Us | Archive
Connecting our industry
@hairnews_sa
Hairnews delivers daily industry news, editorial features, event updates, and sponsored content from industry partners.
Search this site
7446 results found with an empty search
- Winners Announced for the 2021 EOHCB Digital Hair, Nail, and Makeup Artistry Competition
Thank you to each and every competitor who entered the 2021 EOHCB Digital Hair, Nail, and Makeup Artistry Competition. Your passion, craftsmanship, creativity, and willingness to showcase your work by entering the competition speaks of your character, and it’s a character the EOHCB is humbled by and privileged to present to our industry. This was the first ever digital competition hosted by the EOHCB, and we can confirm that our 2022 competition will also be digital. As soon as the 2022 theme, sections, and rules have been determined by the Competition Committee, the said 2022 digital competition material will be presented to our members and the industry. COVID-19 presented the need to go digital, and with digital, the EOHCB hopes that it achieved and will continue to achieve one of its objectives set out when planning the 2021 competition, to encourage professional creatives who don’t have the nerve to present their creative abilities in a live physical setting, but the confidence to capture their creativity in photographs. The 2021 competition provided for 7 sections catering for professional hairdressers, nail technicians, and makeup artists. The 2021 theme was Graffiti, and the competition drew a total of 61 competitors, with some entering more than one section. Initially the competition committee approved three hair sections, Gents Cut, Colour, and Style, Ladies Cut, Colour, and Style, and Gents Classic Barbering, but after receiving numerous requests from industry participants, it was decided to add the Creative Braiding and Bridal sections, and to extend the entry date. The EOHCB wishes to congratulate the following entrants who placed 1st, 2nd, and 3rd place for each respective section. Section 1: Gents Cut, Colour, and Style 1st place winner – Charmain Swart (Hairworks by Naomi) 2nd place winner – Naomi Cockcroft (Hairworks by Naomi) 3rd place winner – Lu-Mandie Mostert (Hairworks by Naomi) Sponsored by: MUK REUZEL WAHL SOUTH AFRICA Section 2: Ladies Cut, Colour, and Style 1st place winner – Deborah Nebbeling (Paul James Hairdressing) 2nd place winner – Naomi Cockcroft (Hairworks by Naomi) 3rd place winner – Marlie van der Merwe (Cutting Edge Hairsalon) Sponsored by: SCHWARZKOPF MUK THE GOOD SALON GUIDE SLICK SALON SOLUTIONS Section 3: Gents Classic Barbering 1st place winner – Naomi Cockcroft (Hairworks by Naomi) 2nd place winner – Shantel Mans (No Filter Hair & Beauty) Sponsored by: REUZEL WAHL SOUTH AFRICA Section 4: Creative Braiding 1st place winner – Hellen Nyalenda (Dark & Lovely Academy) 2nd place winner – Lerato Sejanamang (Dark & Lovely Academy) 3rd place winner – Zia Cloete (Lovanna Hairsalon) Sponsored by: WELLA (MODERN HAIR & BEAUTY) TWINCARE KMS Section 5: Bridal 1st place winner – Hellen Nyalenda (Dark & Lovely Academy) 2nd place winner – Harriet Abrahams (Absolut Hair) 3rd place winner – Melody Dean (Visions Styl’n Chic) Sponsored by: BHE SOUTH AFRICA MILKSHAKE GOLDWELL Section 6: 3D Freehand Nail Tip Art 1st place winner - Candida de Lange (Nail Artistry Sugar Coat) 2nd place winner - Linda Chinyemba (Nails by Lindie Salon) Sponsored by: MIA SECRET SOUTH AFRICA SLICK SALON SOLUTIONS SIENA DISTRIBUTION GLITTERBELZ Section 7: Fantasy Makeup 1st place winner – Melissa Gloy (Gloy Makeup & Hair Artistry) 2nd place winner – Jordyn Soll (Jordy Soll MUA) 3rd place winner – Chantell Kock (Beauty by Ash) Sponsored by: KRYOLAN SOUTH AFRICA 27RED STAGELINE PROFESSIONAL SOUTH AFRICA The EOHCB also wishes to thank our industry professional and qualified judges for their contribution to the success of the 2021 EOHCB Digital Hair, Nail, and Makeup Artistry Competition. Your expertise, experience, knowledge and time is truly appreciated and valued by the organisation. Gavin Botha, Paul Fox, Wynand Roets, Andrew Todd, Shantal Benecke, Will Breedt, Steven Phillips, Debbie Nebbeling, Morne Louw, Tessa Tullues, Charne Naude, Oksana van Tonder, Mariska du Plessis, Heather Barger, Tammy Pienaar, Jemma Coetzee, and Cuan Kemp. Thank you to our incredible 2021 sponsors. Your contribution to the competition has again solidify its success and professional stance and assisted the EOHCB in meeting its objectives insofar as social responsibility for the industry. We ask that our members and industry follow our social media pages for opportunities to network with our 2021 sponsors. EOHCB Contact Details Web: www.eohcb.co.za Facebook: www.facebook.com/eohcb Instagram: www.instagram.com/eohcbsa/ Twitter: twitter.com/eohcbsa
- The Good Salon Guide South Africa Has Launched: Power Your Salon to Better Visibility
How can you make your salon more visible and searchable? How can you appeal to clients in your area? How can you reach clients seeking the products and services you offer? The Good Salon Guide South Africa has launched! This online resource for South African salons allows clients to search and find what they need, whether it’s a local salon in their area, a specific service they need, or a product stockist they are seeking. Now they can see pictures of your work, and your salon, learn about your specials, and contact you to book! The Good Salon Guide - South Africa lists: your location on a handy mapping function hair services and specialties you provide in-salon as many pics of your work and your salon that you’d like to promote beauty and other services you provide the professional brands you use in-salon and retail on a monthly or weekly basis, you can send us your specials and promotions and we can post them immediately to update the media platforms as stand-alone posts, for extra visibility clients can rate your salon! you also have the option to offer online sales to your clients through your own direct link with your subscription to Salon Product Online, earning you a 20% commission on every sale. Your salon listing appears on the website, and will also be featured on the linked Facebook and Instagram Pages - 3 social media platforms for maximum reach. Outsource your marketing programme to us - all maintenance, updates and changes are done for you – just message us and we’ll upload them to 3 media platforms simultaneously, with no extra effort from you. All this for a monthly subscription of just R99! What’s one new client worth to you? Attract new clientele by being part of The Good Salon Guide South Africa! Become part of a powerful new portal that can propel your salon to better visibility and allow people to easily see who you are, where you are, and what you do. Perfect for a mainstream salon, a cosy home salon or a busy on-the-go mobile stylist with no time for paperwork! Email beth@goodsalonguide.co.za and she will send you an info form – your salon’s listing can be up and running on all 3 platforms within a couple of days! Just R99 a month brings you better local visibility, more clients, and the chance to easily publish what you offer to a wider audience! Take a look at our site now on www.goodsalonguide.co.za Web: www.goodsalonguide.co.za Facebook: https://www.facebook.com/thegoodsalonguidesa Instagram: @goodsalonguidesa
- Two New Nourish Premium In-Salon Products: Keratin and Botox
Nourish Botox is a deep conditioning treatment suitable for all hair types. The treatment reduces frizz while making the hair smother and fuller by using Keratin to fill in any broken or thinning areas on each hair strand. Nourish Keratin Smoothing Treatment is suitable for all hair types. It is formulated with Keratin Amino Acids and Argan Oil which penetrates deep into the hair shaft. It reduces frizz, makes the hair smoother and straighter while leaving it feeling softer and looking shinier. These two new In-Salon Nourish products are really taking off with our salons. Everyone who has tried these products keep coming back as the results speak for themselves. Contact us for more information on our amazing deals below. The In-Salon range also consists of Nourish Clarifying Shampoo, Nourish Neutralising Shampoo and Nourish Relaxer. Contact DeMar Agencies on: Email: tanith@demar.co.za or sacha@demar.co.za Website: www.demar.co.za Nourish | Register | Facebook | Instagram
- Paul Mitchell: Committed to Sustainability
The First professional hair care brand committed to sustainability. Decreasing our use of virgin plastic. Reducing our carbon footprint. Sourcing our ingredients ethically. A commitment. Not a trend. Call Twincare Tel: 011 305 1600 Email: info@twincare.co.za Web: www.twincare.co.za
- Styles: Mermaid by Anna Barroca, Spain
We find the origin of life in the sea. For this reason, and perhaps because of its immensity, we attribute fantastic stories to it that reflect its great power. Beneath the surface, the vibrant colors of algae and corals hide, but the fish seem dressed in scales of an almost magical chromatic intensity. The mythological figure of mermaids, half woman, half fish, reminds us of where we come from, as well as our eternal connection with the sea. Without it, we would not exist. "Mermaid" is a reflection on the destructive attitude of humans against the seas and oceans, an attitude that it is also against the human race. Each look vindicates the beauty of the colors of marine fauna and flora. But, at the same time, it is a wish that climate change does not turn the sea and our very existence gray. That is why it becomes a plea to defend life, protecting the sea. Hair: Anna Barroca @annabarroca Photography: David Arnal @davidarnalteam MUA: Anna González @iamlaflaca Styling: Anna Barroca @annabarroca Models: Belén @beelen_v13 Irina Bon @irinabon21
- L’Oréal Professionnel Introduces Serie Expert Metal Detox
Professional Metal Neutralizer for use with Color, Balayage and Bleach The Problem Worldwide levels of metal in the environment vary but they all have the same result: buildup of metal particles within the hair fibres with every wash. While not a health risk, this excessive metal accumulation is going to interact with your hair services, especially color, balayage and bleaching, leading to increased breakage and color results that are unreliable, leading to unhappy clients. L’Oréal Professional Serie Expert gives you: The Promise The Science The Protocol The Resources 1.THE PROMISE – Disruptive Innovation Insight: Hairdressers have always experienced the frustration of breakage and color inconsistencies on clients with even the healthiest of hair. Discovery: L’Oréal has spent 7 years intensively researching the cause and discovered that it is metal deposited inside the actual hair fibre that causes the breakage and unreliable color results, not the metal on the hair fibre surface. The metal inside the fibre interacts with the oxidant during color, balayage and bleaching, causing unreliable results and breakage and unhealthy hair. Solution: L’Oréal Professionel Paris has developed a protocol using a molecule small enough to target metal inside the hair fibre: Glicoamine. This new molecule is at the core of Metal Detox. Result: A new protocol intensive tested by the collaborating scientists and 3 international hairdressers, with 102 instrumental tests and over 1000 in vivo tests. The results have been impressive – 87% less breakage and 100% reliable color result with no impact on the lift, and an optimized color uptake. It even smells divine! With a specially developed fragrance that is distinctive, memorable and addictive, making every service with Metal Detox pure sensory pleasure. 2.THE SCIENCE The solution: Glicoamine - Unique and Efficient - the only active agent small enough to trap and neutralize metal inside the hair fibre, now successfully concentrated for the first time up to 10% and with the strong affinity with metal regardless of uneven repartition. 3.THE PROTOCOL L’Oréal Professionel Paris has created a 3-step protocol capable of neutralizing metal and detoxifying hair, guaranteeing color, balayage and bleach without breakage and with 100% reliable color results! Step 1 Metal Neutralizer Professional Pre-treatment Step 2 Anti-Metal Cleansing Cream Professional Shampoo Step 3 Anti-Deposit Protector - Professional Care for fine and thinning hair and Professional Mask for medium and thicker hair, and both for maximum strength and the most protective, healthiest results. This can be a further retailed to your clients for optimum home care maintenance to keep their hair looking fabulous, maintaining color vibrancy between services. Home Maintenance: Give to your clients the same professional formulas used after color, balayage and bleach services The Home Maintenance care is an important step for your clients that not only continues to protect and detoxify their hair but has been formulated to create a deeply nourishing care regime that becomes a delicious sensorial experience, encouraging client satisfaction and enjoyment on all levels! 4.THE RESOURCES For more info, videos, webinairs, discussions and testimonials from our Co-innovation Hairdressers, enroll on Access: www.lorealaccess.com Here you can interact with our experts with the experience: Charlotte Catherine Sebastian Langman-Kirtley Washington Nunnes For more information on stocking L’Oréal Professionnel’s Metal Detox Email: lorealprofessionnelrsa@loreal.com
- Successful and Profitable Salon for Sale in Westcliff, Johannesburg
Beautiful natural light filled salon with custom designer furniture by Dokter & Misses and Joe Paine in an eclectic centre filled with local designer clothing, decor stores and excellent restaurants with a strong client base. The centre is a tree-filled colourful space nestled below Westcliff. The salon is highly respected in the creative community and has multiple international awards. The salon is 300 sqm with a large salon floor, academy space, beauty room and additional private suite for clients. Large staff room and walk in safe that is great for storage. The centre has plenty of parking. The salon has a loyal clientbase and wonderful stylists that would love to stay on with you as the new owner, with two talented apprentices showing huge potential, and well-trained operators with a deep understanding of colour and advanced colour technique application. Owner relocating to Europe to teach full time. The salon does a large monthly turnover and made a record-breaking profit in 2020. The salon is highly rated on Google and Facebook. POA Contact Candice on 084 554 7896
- Impilo Beaux – South African Stockists of Novex, #1 Hair Care Brand in Brazil
Expand and optimise your salon’s reach with our easy e-commerce site Novex is the Number One haircare brand in Brazil and caters to your most discerning client with a vast array of ranges including exciting new health-conscious, hair-healthy bundles of shampoos, conditioners, deep hair masks and treatments. Novex creates a complete beauty care regime for your clients using our Impilo Beaux resellers online portal! Our Resellers overview and concept: Hair stylists and beauticians alike, the most important influencers in the trade! A vast majority of your salon clientele are not purchasing their homecare maintenance products from your salon, so why miss out on earning commission on this side of retail? You know your customer the best, so why not recommend products that you can trust? Novex is the Number One Haircare brand in Brazil and delights consumers and influencers all over the world. AfroHair range - Enriched with purest castor oil, Argan oil and D-Panthenol to provide prolonged softness, hydration and shine and protection from split ends. Novex Mystic Black Range Specially designed with the purest Baobab Tree Seed Oil for dry and tangled hair with split ends. The Baobab Oil has a high hydration factor and an extraordinary emollience power, besides being extremely nutritive and of easy-absorption this makes the Novex Mystic Black line ideal for dry, rebellious, frizzy hair with split ends. https://youtu.be/dV2KGP8tW9k Novex Collagen Infusion - 100% vegan collagen, cruelty-free and paraben / petrolatum / silicone / sulfate-free. Gently cleans hair, strengthening hair follicles, promoting hair growth and thickening weak, brittle hair. https://youtu.be/aAWNwg_mdG0 Novex Dr Hemp and the Novex Dr. Hemp Blindagem ranges - Infused with the purest 100% organic hemp seed oil. The key ingredient of cannabis Sativa seed oil contains fatty acids including Omega-3, Omega-6, and Omega-9, proteins, Vitamin E, Calcium, Zinc, and Iron. Cannabis Sativa seed oil calms, smooths and strengthens the hair, preventing breakage. Protects against thermal aggressions, strengthens and seals the hair cuticles, further protecting from environmental stressors. https://youtu.be/qy_aVX7mTyc Novex Coconut Oil range - Using the purest Brazilian coconut oil, this range is cruelty-free with all natural nutrients, Ph3.5, and Salt free. Practical and versatile, it has an anti-frizz action, providing deep nutrition and daily protection to the hair, creating revitalised, disciplined, silky hair. https://youtu.be/3cD_fzprHms Novex My Little Curls range - Specially developed for the smallest in the house, dermatologically tested, cruelty-free and paraben / petrolatum / silicone / sulfate-free vegan formula. Nourishing and hydrating for all children concerned with dry, tangled, frizzy hair, especially those with hair types 3 and 4. Brazilian Keratin range – Formaldehyde-free, cruelty-free and contains 100% Brazilian Keratin and Vitamin E and provides ultra-deep hydration, smoothness and repair treatment. https://youtu.be/6C6sy4iJHsg Find just the right NOVEX product range for your client’s hair and skin needs with our Diagnostic Tool! www.impilobeaux.co.za/diagnostic Don’t miss out on retail sales commission - become a reseller today: Register as a Reseller by sending an email to info@impilobeaux.co.za or call us on (021) 020 1480. Spread the love and build your customer base during consultations Log in to your very own Impilo Beaux Resellers profile and create tailored product bundles for your customer. Share the unique shopping link with your customer for them to make the purchase Once the sale has been completed, your 10% commission will be loaded to your profile and you benefit! Save this commission for a rainy day or cash out as required, your choice! T&Cs apply. Join the Impilo Beaux family today! www.impilobeaux.co.za Follow us on Facebook: https://www.facebook.com/impilobeaux/ Follow us on Instagram: https://www.instagram.com/impilobeaux/ Email us: info@impilobeaux.co.za Call us on (021) 020 1480 About Impilo Beaux Impilo Beaux inspires an improved way of living. Our range of top-quality hair products allows you to unleash your inner charm and live your life with unwavering confidence. Our network of partners allows us to provide South Africa with the best in hair and beauty at reasonable pricing, granting everyone the opportunity to embrace a fresh, positive and elegant lifestyle. Impilo Beaux exclusively partners with ethical and sustainable brands that are focused on creating a better future. Our business will only partner with brands that firmly uphold strong moral and ethical values that go beyond the ideals of profitability and ego.
- Monday Motivator
Some things you just can't live without.
- Travel the World while Doing the Job you Love Working On Cruise Ships
Are you missing travelling overseas? Do you wish you could adventure around the world and go to some amazing, bucket-list destinations? Are time and money a limiting factor for your travel dreams? The good news is that cruise ships are sailing again with stringent Covid-19 and hygiene protocols in place! And onboard spas are looking for hairdressers and other beauty professionals to work in their luxury spas. This is your chance to travel to destinations you have always wanted to see, while working in the incredible atmosphere of a cruise ship, seeing the world, having amazing adventures, and earning tax-free dollars. In today’s world it is really not that easy to have the freedom to travel. Cruise ship contracts give you the amazing experience of seeing new horizons every day, anchoring in all the ports that tourists love to visit. You receive one and a half days off a week, which are always on days when the ship is on port, giving you the chance to explore destinations you have always dreamed of seeing. You will make new friends, see the world, and come home with memories that will last a lifetime, new skills, and a nestegg of funds. To work on board ship, you should have completed your hairdressing modules and be 18 years of age or over. You should be a hard worker who loves people and is keen for adventure! The Onboard Spa is also recruiting for nails, beauty and fitness – so if you work in these fields, you can also apply. How to apply: Go to www.londonwellnessacademy.com and fill in the online form. A recruitment consultant will be in touch with you asap to set up a confidential interview. Your first step to a new life of excitement on board has begun! Sign up HERE and set yourself on a career path that will change your life!
- Making an Informed Decision about Vaccination - Omicron for the Festive Season?
Making an Informed Decision about Vaccination – What you need to know A Vaccinated Industry is a Safe, Sustainable and Successful Industry Latest News: Omicron for the Festive Season? Just when we thought we were getting ahead of the game with Covid-19, a new variant has appeared in South Africa, Botswana, Israel, Hong Kong and Belgium. Known as B.1.1.529, it has 32 mutations in the spike protein. The new variant has been designated as the Omicron variant. Critical difference with Omicron As opposed to the Alpha and Delta and other variants, the Omicron variant has a large number of mutations, which is common for strains that develop in someone with a chronic COVID infection due to a weak immune system. When the virus runs rampant in a body for months, huge populations of the virus particles evolve and compete, and re-infections can bring in different strains and mutations to swap genes. The World Health Organisation has published this update: Classification of Omicron (B.1.1.529): SARS-CoV-2 Variant of Concern – W.H.O. https://www.who.int/news/item/26-11-2021-classification-of-omicron-(b.1.1.529)-sars-cov-2-variant-of-concern?fbclid=IwAR3ZXneQrhSvjYEOwMIKs_lTuHL3f6RdOijraGQi9nMrSBYHsj2ox40bAVM There is also good reason to believe full vaccination will protect against Omicron. This means masking, social distancing, and full vaccination are even more important, with the follow up booster for better protection against severe disease, hospitalisation, long-covid effects, or death. As Dr Anthony Fauci has stated to the New York Times: “It is unambiguous that someone who is vaccinated has a very higher likelihood of being protected against infection, hospitalization and death compared to a very vulnerable, unvaccinated person.” Latest Stats from the European Commission at 24 November 2021 Vaccinated Population Effect and Mutations A fully vaccinated population with boosted viral protection helps limit the possibility of mutations developing, especially in the more vulnerable, immunocompromised sectors of the population. The more who are vaccinated, the more protection we can all give the weaker, more vulnerable members of our society. This is most important part: protecting the most vulnerable. South Africans have a large population of TB and HIV positive people in our lives, as well as many affected by cancer or undergoing cancer therapy - our family, friends, neighbours and staff, and all of them immunocompromised. As mentioned above, chronic immune deficiency and illness with covid allows the virus to mutate into new variants in those with immune system weakness, as we’re seeing with the Omicron variant. So vaccination not only protects you and your loved ones, your neighbours and your staff and their families, but in turn protects you from the development of further variants in an unvaccinated pool of people with poor immune systems and chronic illness. The circle becomes complete. Global Update – Be Safe and Keep the Numbers Down: We want to travel and enjoy life As mentioned before, many countries are starting to lockdown again against a fourth covid wave. The UK’s sudden decision today to close off air travel with South Africa is just the latest move. Austria has gone into lockdown this past week, Belgium has implemented tighter restrictions, including working from home and mandatory masks, and the Health Minister of Germany has warned that by the end of their winter, “just about everybody in Germany will probably be either vaccinated, recovered or dead.” Germany is discussing the possibility of a vaccine mandate as the only solution. Singapore has implemented a mandatory vaccine programme and is requiring that even given their universal health care system, unvaccinated covid sufferers will not have their hospitalisations covered. Kenya will be imposing widespread restrictions on unvaccinated residents from next month. And the list goes on. South Africa's epidemiology has been absolutely first rate on this, for speed, accuracy, and communication. As News24.com stated today: “South Africa has a large collaborative genomic surveillance network, which has been crucial in identifying variants and controlling outbreaks. Krisp (KwaZulu-Natal Research Innovation and Sequencing Platform), located in KwaZulu-Natal, is the principal investigative institute of this network.” South Africa has the technology and the science. If we want to avoid further restrictions on our recovering economy in South Africa, we vaccinate, mask, social distance and test. If we work together, with the interests of our community at heart, we can recover. • • • • • • • • • • • • • • • • • • • We’ve asked some of our top professionals in the industry to share their thoughts with us and each week we’ll be sharing their stories for you to enjoy. If you have a positive experience you’d like to share with us on the vaccine and the differences it’s made in your personal life or your salon and with your clients’ appreciation of their salon experiences, please send to Beth at beth@hairnews.co.za , with a photo you’d like us to use! Industry Vaccination: Safety, Sustainability and A Return to Normality
- EOHCB: Discrimination in the Workplace
Discrimination occurs when an employer treats a person differently based on physical attributes or other factors such as religion or political belief. The act of differentiation may at times be fair, but it is more commonly found that differentiated treatment is unfair. Discrimination may be fair or unfair. Every employer must take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice. Unfair discrimination occurs when an employer shows favour, prejudice or bias for or against a person on a prohibited ground, including a person’s race, gender, sex, 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, or on any other arbitrary ground. Where the differentiation is not obviously on one or more of these prohibited grounds, then whether or not there is discrimination will depend upon whether, objectively, the ground is based on attributes and characteristics of the person which have the potential to impair the fundamental human dignity of persons as human beings or to affect them in a comparably serious manner. There are two main forms of discrimination related to “unfair discrimination”, namely: Direct discrimination; and Indirect discrimination. Direct discrimination is easily identifiable and involves obvious differential treatment between employees and job applicants on the basis of any grounds. For example, an employer follows a policy of remunerating women employees on a lower scale without justification, whereas the male employees are remunerated at a much higher scale for doing the same work. Indirect discrimination, on the other hand, is not as easily recognisable. It is a subtler form of discrimination. It involves the application of policies and practices that are apparently neutral and do not explicitly distinguish between employees and job applicants but, in reality, have a disproportionate and negative effect on certain individuals or groups. For example, where the job advertisement without justification, requires that applicants must live in a particular area knowing that the residents of that area are predominantly from a particular race group. The Employment Equity Act (EEA) also emphasises that: Harassment of an employee is a form of unfair discrimination and is prohibited on any one or a combination of the above-mentioned grounds of unfair discrimination; Medical testing at the request of an employer will not be allowed unless legislation permits or requires the testing, or it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits or the inherent requirements of a job; HIV-testing can only be carried out at the request of an employer if such testing is determined justifiable by the Labour Court; Psychometric testing or other assessments at the request of an employer cannot be done unless such tests are scientifically valid, can be applied fairly and are not biased against any employee or group. Essentially one has to give consideration to the impact of actions, policies and procedures when evaluating discriminatory practices, rather than intention. It is not unfair discrimination to: Take affirmative action measures consistent with the purpose of the Employment Equity Act; or Distinguish, exclude or prefer any person on the basis of an inherent requirement of a job. Affirmative action aims to achieve equality at work without lowering standards and without unduly limiting the prospects of existing employees. This is done through the implementation of measures designed to ensure that suitably qualified people from designated groups have equal employment opportunities and are fairly represented in the workforce. Designated groups refer to black persons, women and people with disabilities who are citizens of the Republic of South Africa (RSA) by birth or descent, or became citizens of the RSA by naturalisation before 27 April 1994 or after 26 April 1994 and who would have been able to acquire citizenship by naturalisation before that date had it not been for apartheid policies. Discrimination based on the inherent requirement of the particular job does not constitute unfair discrimination. An inherent requirement of a job depends on the nature of the job and required qualifications. If such requirements can be shown, discrimination will be fair. For example, discrimination which occurs as a result of a person with poor eyesight failing to be appointed as a pilot, is not unfair if the quality of eyesight is proven to be an inherent requirement of the job. The law does not allow an employer to employ children under the age of 15 years, or pregnant women four weeks before confinement and within six weeks of giving birth. This is regarded as fair compulsory discrimination by law. It may be fair for the employer to discriminate on the basis of productivity when giving a salary increase, for example increases based on merit. This, of course, would be dependent on the fairness of the criteria utilised for assessing performance and productivity. Any employee who feels that he/she has been unfairly discriminated against or that an employer has contravened the laws may lodge a grievance in writing with their employer. The matter may thereafter be referred to the CCMA within six months if the issue cannot be resolved at the workplace. If the CCMA is not able to resolve the dispute through conciliation, the matter can either be referred to arbitration if the employee earns less than the amount (2021 earnings threshold – R211 596.30 per annum) set by the Minister of Employment and Labour in Chapter Two of the Basic Condition of Employment Act (BCEA). If the employee earns above the amount referred to in the BCEA, the matter may be adjudicated by the Labour Court. However, in these circumstances, if both parties agree in writing, the matter be arbitrated by the CCMA. In sexual harassment matters, the employee has a choice between arbitration at the CCMA and adjudication at the Labour Court regardless of how much he or she earns. Bargaining Councils do not hold jurisdiction for dispute resolution referrals resulting from unfair discrimination within the workplace. Keep up to date with the latest industry news and competition updates by liking EOHCB’s Facebook page HERE. Web: www.eohcb.co.za












