Affirmative action Archives

Affirmative action in employment: Comparative Justifications

by GilesFiles | Jan 13, 2026 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Comparative Justifications for Affirmative/Positive Action in Employment South Africa – Malaysia – India – United States – European Union Dimension South Africa Malaysia India United States European Union Historical Trigger...

Affirmative action in practice: Comparative Perspectives

by GilesFiles | Jan 13, 2026 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Affirmative action in practice: Comparative Perspectives South Africa’s model sits between India and the EU: more robust and group-conscious than European “positive action,” but more constitutionally restrained than India’s...

Under-represented groups: Pipelining to promote?

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, Appeals - leave, Causes and defences, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Sectors, 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,...

Contempt proceedings initiated: Minister breaching settlement?

by GilesFiles | Sep 3, 2025 | 2020 onwards, AH05 - EEA, AL - ILO, Applications, Causes and defences, Central, Contempt, Contractual breach, Courts, EEA 1998, Granted, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, Orders, Parties, philosophy / economics, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, 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,...

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...

Unfair race discrimination: Absolute barrier considered

by GilesFiles | May 24, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Promotion or demotion, 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,...

Selection criteria considered: Inclusion of transformation

by GilesFiles | May 6, 2022 | 2020 onwards, Appeals, Appeals - leave, ConCourt judges, Conduct & capacity, Constitutional Court, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Performance, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, ZLL Tshiqi | 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,...

Corporate visa denied: Language training for SA citizens

by GilesFiles | Feb 18, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, Free and fair, Government, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Markets in SA, Orders, Parties, philosophy / economics, Policies - all, Practices (LRL 9), Protectable interests, Public policy, Regulations, Review tests, Rules Codes & Manual, Scarce skills allowances, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |

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Protected: Tutorial solutions 2021: SUN honours students

by GilesFiles | May 16, 2021 | Direct and indirect discrimination, Harass & bully, Termination (LRL 8), Universities and schools | 0 |

Affirmative action measures: Employment equity plan?

by GilesFiles | Feb 3, 2021 | 2020 onwards, AH05 - EEA, Appeals, Appeals - leave, BM Whitcher, Courts, Disallowed, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Orders, Parties, Sectors, Statutes (LRL 2)-work, 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,...

Racially based affirmative action: Under the spotlight

by GilesFiles | Sep 14, 2016 | Bill of Rights, Discrimination (LRL 11), Employ Equity (LRL 12), Insights, philosophy / economics | 0 |

“A report, issued by the United Nations’ Committee on the Elimination of Racial Discrimination (CERD), takes government to task over its use of old apartheid classifications in its presentation of statistics. Moreover, the...

Employment equity plan: Discriminatory appointment

by GilesFiles | Jul 15, 2016 | 2016, AH05 - EEA, ConCourt judges, Constitutional Court, Courts, Employ Equity (LRL 12), Judges, Miscellaneous, RMM Zondo, Words & phrases | 2 |

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,...

Tag: Affirmative action