Differentiation not discrimination Archives

Reasonably accommodate disability: Equality and dignity?

by GilesFiles | Feb 12, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Prohibited discrimination considered: LRA sec 5 bonus?

by GilesFiles | Dec 8, 2025 | 2020 onwards, Bill of Rights, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 02: 4-10 FOA, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Stated case, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Employee leave provisions: Maternity parental & adoptive

by GilesFiles | Oct 3, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, ZLL Tshiqi | 0 |

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Appropriate dismissal remedies: Compensated not reinstated

by GilesFiles | Jul 24, 2025 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Agriculture, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Fair procedure, Insolence and insubordination, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC-Practice Manual, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings, Zero tolerance | 0 |

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Discrimination, harassment & victimisation: Unproved allegations?

by GilesFiles | Jun 20, 2025 | 2020 onwards, Bill of Rights, Causes and defences, Courts, Declaratory, Differentiation not discrimination, Direct and indirect discrimination, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Unprotected strike misconduct: Inadequate assessment?

by GilesFiles | May 16, 2025 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Causes and defences, Conduct - gross, Consistency element, Contractual breach, Costs not awarded, Courts, Declaratory, Derivative action, Differentiation not discrimination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics | 0 |

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Discriminating on medical grounds: Failure to act?

by GilesFiles | May 14, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Differentiation not discrimination, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Unfair discrimination and differentiation: ILO Convention 111

by GilesFiles | May 14, 2025 | AA - Resources generally, AB - Law generally, AU - ChatGPT, Differentiation not discrimination, ILO Convention 111/1958, ILO Conventions, Insights | 0 |

Contrast concepts of unfair discrimination and differentiation in employment law in South Africa especially considering Constitution and ILO Convention 111 Unfair Discrimination versus Differentiation in South African Employment...

Differentiation not arbitrary act: Harassment & unlisted ground?

by GilesFiles | Nov 22, 2024 | 2020 onwards, Absolution, Applications, Causes and defences, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 0 |

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Shortlisting failure unfair: Compensation awarded

by GilesFiles | Mar 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Promotion or demotion, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Proportionate pay differentiation: Length of service?

by GilesFiles | Dec 20, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Connie Prinsloo, Costs, Courts, Differentiation not discrimination, Disallowed, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Orders, Parties, Pay differentials, Pay progression, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Differentiation not discrimination: Unrelated to race or gender

by GilesFiles | Nov 24, 2023 | 2020 onwards, AF - Internal equity external parity, Applications, Causes and defences, Central, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Equal pay and value, Government, HC Uniform, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, MZN Lallie, Orders, Parties, Pay differentials, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Differentiation not discrimination