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Suzi was shortlisted for an interview with two other candidates on 5 January 2021. At the time of the interview she had already completed her

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Suzi was shortlisted for an interview with two other candidates on 5 January 2021. At the time of the interview she had already completed her Computer Science Degree with an average of 70% and she had three years of practical experience. The other shortlisted candidates were Jack, a white male with a master's degree in computer science and two years work experience and Dali, a black male with a diploma in computer science and two years' working experience. Suzi shared a flat with Tshepiso who is a final year LLB student and loves the subject labour law. She is working on her dissertation that deals with employment equity at the workplace and has told Suzi everything she knows about non-discrimination and affirmative action at the workplace. With this as background Suzi is quite confident about her chances of success in securing the position. The interview panel is comprised of Mr White, Mr Zondo and Kate, a representative of the CfA's Employment Equity Committee. A hefty debate ensues after each of the candidates have been interviewed. Mr White does not want to appoint Suzi on grounds of her diabetes. He says that she will not be in a position to meet the requirement of working long hours at night due to her medical condition. On the other hand, Mr Zondo argues that Suzi meets their employment equity goals and that Suzi may have a good case against CfA to claim that she must be appointed on grounds of affirmative action. Kate, on the other hand, is concerned that Jack may succeed with a claim based on unfair discrimination due to the fact that he has a master's degree in computer science. Suzi and Kate got to know each other two years ago whilst Suzi was still doing part-time work. After the interview Kate informs Suzi about the arguments raised during the interview. On 15 January 2021 Suzi is shocked to hear that Jack was appointed to the indefinite position. Suzi asks Tshepiso to write her an essay setting out the relevant legal principles and case law that relate to her dilemma. Essentially, Suzi wants to know whether she has grounds to institute a claim against CfA, how such a claim must be established, how she will have to enforce such a claim and what the remedies are

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