Disability Archives - GilesFiles

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 |

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,...

Complying with Employment Law: Interim protective relief

by GilesFiles | Jan 5, 2026 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), General, granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, 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,...

Disability discrimination considered: Proof not adduced

by GilesFiles | Mar 22, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Central, Conduct & capacity, Connie Prinsloo, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Fair procedure, Government, Illness & injury, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Extinctive prescription examined: Mental incapacity

by GilesFiles | Feb 17, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Delict, Exceptions/special pleas, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, Trade | 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: Firefighter incapacity

by GilesFiles | May 18, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Courts, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, 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,...

Disability includes depression: Automatically unfair dismissal

by GilesFiles | May 16, 2018 | 2018, AUD, Conduct & capacity, Courts, Discrimination (LRL 11), Illness & injury, Labour Court, Labour Relations, Operational reasons, Orders, Performance, Reinstatement, Sectors, State organs, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute | 0 |

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Testing bipolar employees: Invalid contractual term

by GilesFiles | Jul 4, 2017 | 2017, 2017, AUD, Bill of Rights, Compensation or damages, Courts, Damages, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), EEA 1998, Employ Equity (LRL 12), F Kathree-Setiloane, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, LRA 194, LRA 1995, Statutes (LRL 2)-work, 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,...

Injury and poor health: Valid and fair reason to dismiss

by GilesFiles | Jun 27, 2017 | 2017, Banks, BCEA 1997 (LRL 10), Conduct & capacity, Connie Prinsloo, Courts, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, Sidumo - see also awards s 145, 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,...

Facial cosmetic impairment discrimination: Damages and compensation

by GilesFiles | Sep 23, 2016 | 2016, AUD, Compensation or damages, Conduct & capacity, Courts, Direct and indirect discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Illness & injury, Inherent requirements, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Protect not punish, Risks, Sean Snyman, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 2 |

S v Kit Kat Group (Pty) Ltd (JS787/14) [2016] ZALCJHB 362 ; [2016] 12 BLLR 1239 ; (2017) ILJ 483 (23 September 2016) per S Snyman AJ and refused leave to appeal on 2 December 2016. The LC held that the employer had discriminated...

Managing incapacity dismissals: Guidance from LAC

by GilesFiles | Jan 22, 2015 | 2015, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Conduct & capacity, Discrimination (LRL 11), EEA 1998, Employ Equity (LRL 12), Fair procedure, Insights, Labour Appeal Court, Labour Relations, LRA 1995, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 3 |

General Motors (Pty) Ltd v Numsa obo Ruiters (PA 8/12) [2015] ZALCPE 2; [2015] JOL 32752 (22 January 2015) per Ndlovu JA. LAC summary: Review: Dismissal on ground of incapacity – Onus – Duty of employer to investigate...

Inherent job requirements: Police sergeants

by GilesFiles | Sep 18, 2014 | 2014 and earlier, Courts, Dennis Davis, Differentiation not discrimination, Direct and indirect discrimination, Discrimination (LRL 11), Employ Equity (LRL 12), Equal outcomes, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

The Labour Appeal Court delivered an interesting judgment last week after hearing argument in October 2013 concerning alleged discrimination and unfair labour practices relating to promotion. Some of the issues in the matter...

Poor performance examined: Dismissal valid and fair

by GilesFiles | Jul 12, 2012 | 2014 and earlier, AB - Law generally, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence | 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: Disability