To discriminate is to make a distinction in favour of or against a person or thing.[1]
Discrimination between employees involves an employer deliberately treating an employee, or a group of employees, less favourably its other employees.[2]
The element of intent is central to establishing discrimination. To discriminate requires a conscious decision to make a distinction.[3]
Discrimination in this context is not limited to direct discrimination and could encompass indirect discrimination.[4] Indirect discrimination is conduct that is ‘facially neutral’ but may nevertheless amount to, or result in, less favourable treatment.[5]
Determining whether an employer has discriminated between an employee and other employees requires a comparative test between the applicant and another employee who acted in the same way as the employee in question.[6]