EEA 50 Archives - GilesFiles

Discriminatory conduct and harm: Compensation and costs awarded

by GilesFiles | Dec 9, 2024 | 2020 onwards, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), RN Daniels, 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,...

Amending retirement age: Unilateral & automatically unfair?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Orders, Parties, Retirement, Rules Codes & Manual, Sectors, State Owned Enterprises, 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 |

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Damages awarded unlawfully: Harassment & s 60 EEA

by GilesFiles | Nov 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, District, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Fair procedure, Government, Harass & bully, Hearsay, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Eliminating harassment confirmed: Employer liability

by GilesFiles | Sep 22, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Government, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, MZN Lallie, Orders, Parties, Policies - all, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 0 |

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Reconciling labour statutes: Age discrimination

by GilesFiles | May 4, 2021 | 2020 onwards, Applications, AUD, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Conduct & capacity, Courts, Damages, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, Fixed-term, General, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 144 and 165 rescissions, LRA 1995, Orders, Parties, Provisos, Retirement, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Gender discrimination considered: Female comparator

by GilesFiles | Sep 9, 2020 | AF - Internal equity external parity, CCMA awards, Courts, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Government, Insights, Judges, Just and equitable relief, Labour Relations, Legal Practice, Municipal, Orders, Parties, Sectors, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

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Age discrimination proved: Twin causes of action

by GilesFiles | May 18, 2020 | 2020 onwards, Appeals, BCEA 1997 (LRL 10), Causes and defences, Compensation or damages, Courts, Damages, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), F Kathree-Setiloane, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Maternity leave discrimination: Alternative position denied

by GilesFiles | May 18, 2020 | 2020 onwards, Bill of Rights, Courts, Damages, Differentiation not discrimination, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Compensation or damages, Conduct & capacity, Courts, Damages, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Evidence & onus, F Kathree-Setiloane, Government, Irregular proceeding, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Municipal, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Struck off, Termination (LRL 8), Topics, Work Science Institute | 0 |

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WhatsApp not unwelcome: Harassment appeal disallowed

by GilesFiles | Feb 7, 2020 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Vicarious liability | 0 |

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Discriminatory harassment appeal: Appropriate policies

by GilesFiles | Feb 7, 2020 | 2020 onwards, Appeals, Appeals - leave, Conduct & capacity, Courts, Disallowed, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, GN Moshoana, Harass & bully, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Management, Orders, Parties, Policies - all, Sectors, State organs, Statutes (LRL 2)-work, Topics, Transport & communication | 0 |

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Tag: EEA 50