Arbitrary grounds Archives

Compliance with Covid-19 policies: Refusal to perform?

by GilesFiles | Oct 20, 2025 | 2020 onwards, Absenteeism, Applications, Automatic, Causes and defences, CCMA Rules-new, Contractual breach, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Objective - correctness, Operation of law, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Refusing amendment application: Wage discrimination dispute

by GilesFiles | May 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Direct and indirect discrimination, Disallowed, EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Equal pay and value, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Mining, Non-profit organisations, Objective - correctness, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, 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,...

Arbitrary wage discrimination: Rational wage differential?

by GilesFiles | Apr 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, EEA 1998, EEA Chpt II ss 5-11, EEA Codes, Employ Equity (LRL 12), Equal pay and value, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Managerial prerogative, Manufacturing, Objective - correctness, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute | 0 |

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Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Constructive: 186(1)(e), Costs, Courts, Declaratory, Direct and indirect discrimination, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Proving harassment or discrimination: Onus not discharged

by GilesFiles | Nov 8, 2024 | 2020 onwards, Anton Piller, Bill of Rights, Causes and defences, Central, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, MZN Lallie, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Vicarious liability | 0 |

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Assessing criminal record: Inherent job requirements

by GilesFiles | Apr 11, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, lis alibi pendens, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Urgency | 0 |

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Changes in organisational structure: Differentiation not discrimination

by GilesFiles | Sep 12, 2023 | AB - Law generally, AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Hospitality, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Relations, Legal Practice, Legislation, Management, Orders, Parties, Pay differentials, Pay progression, Personal services, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

NP v Ezemvelo KZN Wildlife Do changes in organisational structure present management with opportunity to ensure compliance with equal pay for work of equal value? “[14] Applicant is bound by the characterisation of the...

Equal pay dispute: Comparators with longer service

by GilesFiles | Aug 13, 2023 | AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Management, Orders, Parties, Pay differentials, Private enterprises, Sectors, Statutory, Topics, Trade | 0 |

Upswu obo M v Tiger Brands (Pty) Ltd What distinguishes a dispute about equal pay from a dispute about equal value and why is length of service a relevant factor? “[36] In the Pioneer case, the Court stated as follows in...

Unequal pay determined: Arbitrary grounds

by GilesFiles | Apr 18, 2023 | AF - Internal equity external parity, Applications, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capacity, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Government, Inherent requirements, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, Management, Operational reasons, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Provincial, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

MH v Department of Education – Eastern Cape When will unequal pay be determined as grossly unfair and discriminatory base simply on arbitrary grounds of background and education? “[27] The discriminatory conduct, given the...

Discriminatory pay claim: Misguided – costs awarded

by GilesFiles | Dec 1, 2022 | 2020 onwards, AB1 - Fairness principle or concept, André van Niekerk, Applications, Causes and defences, Costs awarded, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Mining, Orders, Parties, Pay differentials, Pay progression, Private enterprises, Sectors, 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,...

Inherent job requirements: Service length arbitrary?

by GilesFiles | Aug 22, 2022 | 2020 onwards, AF - Internal equity external parity, Allowed, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, CCMA Rules-old, Costs, Costs not awarded, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, False assumptions, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Manufacturing, Orders, Parties, Private enterprises, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v Fawu Why is the binding ILO Convention 111 seemingly ignored when considering defence of inherent job requirements in context of discrimination? “[24] Accordingly, the...

Constitutional equality right: Proof of discrimination?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Delict, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, ILO Convention 111/1958, ILO Conventions, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Parties, Personal services, Policies - all, Practices (LRL 9), Private enterprises, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings | 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,...

Tag: Arbitrary grounds