In South African law, the term “inherent requirement of a job” refers to essential qualities or abilities that are necessary for performing a specific job. This concept is often used in the context of employment discrimination cases to determine whether certain job criteria are justified.
Under the Employment Equity Amendment Act (EEA), discrimination is not considered unfair if it is based on an inherent requirement of the job. For example, if a job requires specific physical abilities, such as firefighting, an employer may lawfully require candidates to meet these physical criteria.
The courts have emphasized that these requirements must be strictly necessary for the job and not just a matter of convenience or preference. They must be rationally connected to the performance of the job and necessary for achieving a legitimate work-related purpose.
It may be in you interest to see a lawyer to check to see if an Unfair Labour Practice has been committed based on the facts of your matter….