LRA 187(1)(e) pregnant Archives

Automatically unfair dismissal: Pregnancy related

by GilesFiles | Oct 27, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, AUD, Bill of Rights, Causes and defences, Costs, Courts, Dignity equality freedom, Discrimination (LRL 11), Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Protecting pregnant employees: Extended maternity leave

by GilesFiles | Nov 7, 2017 | 2017, BCEA 1997 (LRL 10), Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), Edwin Tlhotlhalemaje, EEA 1998, Employ Equity (LRL 12), ILO Convention 111/1958, ILO Conventions, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legislation, Management, Policies - all, Sectors, Work Science Institute | 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,...

Pregnant mineworkers: Non-discriminatory policy?

by GilesFiles | Aug 24, 2017 | 2017, Anton Steenkamp, Bill of Rights, Courts, Deceased judges, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, philosophy / economics, Sectors, Statutes (LRL 2)-work, Thought Leaders, 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,...

Early maternity leave: Pregnancy in mining industry

by GilesFiles | May 25, 2015 | CCMA awards, Direct and indirect discrimination | 0 |

Tabane and others / Impala Platinum Ltd 25 May 2015 [2015] 8 BALR 873 (CCMA) per Commissioner R de Wet. Damages of R25,000 were awarded to each pregnant employee who had to be removed from underground mining posts involving...

Automatically unfair dismissal: Reason related to pregnancy

by GilesFiles | Apr 23, 2015 | AUD, Discrimination (LRL 11), Termination (LRL 8) | 0 |

It is my view that when the courts refer to section 187 of the LRA as imposing an evidential burden upon the employee to produce evidence which is sufficient to raise a credible possibility that an automatically unfair dismissal...

Pregnancy onerous onus: Placed on dismissed employee

by GilesFiles | Apr 15, 2015 | 2015, Courts, Declaratory, Edwin Tlhotlhalemaje, Evidence & onus, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Senekal v Ancro Building Projects CC (JS 1090/13) [2015] ZALCJHB 132 (15 April 2015) per Tlhotlhalemaje AJ. The services of the applicant were terminated some 19 days after starting work and after informing her employer that she...

Differentiation: inherent dance requirements

by GilesFiles | Sep 16, 2014 | 2014 and earlier, Appeals, AUD, Bill of Rights, Courts, Dennis Davis, Differentiation not discrimination, Dignity equality freedom, Discrimination (LRL 11), Employ Equity (LRL 12), Equal outcomes, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Work Science Institute | 1 |

According to its website the New York Radio City Rockettes are “a celebrated world-class precision dance company that exemplifies extraordinary talent, athleticism, teamwork, and self-confidence. Captivating New York City and...

Dismissal invalid reason: Breach of moral code

by GilesFiles | May 13, 2014 | 2014 and earlier, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MB Molemela, Objective - correctness, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

Ekhamanzi Springs (Pty) Ltd v Mnomiya (DA2/13) [2014] ZALAC 38; [2014] 8 BLLR 737 ; (2014) ILJ 2388 (LAC) (13 May 2014) Molemela AJA (Ndlovu JA and Sutherland AJA concurring) Appeal disallowed with costs. LAC Summary: Dismissal...

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