The Tribunal does not have the general power to deal with allegations of unfairness, as the Tribunal’s jurisdiction is exclusive to issues of human rights and discrimination. In order for an application to be successful, the applicant must establish a connection between one or more of the protected grounds and behaviour on the part of the respondent.
The Code protects employees from discrimination based on various protected grounds. One of the more difficult of these may be pregnancy, as often the question becomes not whether or not the applicant was pregnant, but rather when the employer became aware of the pregnancy, and whether or not the pregnancy was a factor in the employee’s termination.
The recent decision by Yahoo CEO Marissa Mayer to ban working from home for “Yahoos” has been both widely criticised and applauded. The decision has been criticised for undermining the growing trend toward telecommuting and other flexible work arrangements which enable employees to better balance work/life challenges, especially important to women with children [...]