EEA 11 Archives - GilesFiles

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 |

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,...

Employment Equity Bill 2012: Submission by panel

by GilesFiles | Jun 1, 2025 | AB - Law generally, AG - Legal research, AH05 - EEA, AL - ILO, AUD, Bill of Rights, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Legislation, Management, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

SUBMISSION ON EMPLOYMENT EQUITY AMENDMENT BILL OF 2012 (as introduced by the Minister of Labour (National Assembly)) 19 November 2012 1) A principal purpose of the Bill is to bring the Employment Equity Act (EEA) fully in line...

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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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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Equal pay for work: Discrimination not proved

by GilesFiles | Nov 6, 2024 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Courts, Declaratory, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA Regulations, EEA4 s27, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, ILO Conventions, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Pay progression, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Condoning late filing: Disallowed appeal

by GilesFiles | Oct 7, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, CCMA Rules-old, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA C: 133-150 CCMA, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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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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,...

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...

Alleged cultural discrimination: Inherent job requirements

by GilesFiles | Jun 27, 2023 | 2020 onwards, AB - Law generally, AUD, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fair procedure, H Rabkin-Naicker, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Policies - all, Private enterprises, Risks, Rules Codes & Manual, Sectors, Selected judges, 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,...

Employer vicariously liable: False racial harassment

by GilesFiles | Jan 10, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Damages, Declaratory, Delict, Dignity equality freedom, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, False assumptions, Government, Harass & bully, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, MPN Nkutha-Nkontwana, Orders, Parties, Policies - all, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 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: EEA 11