Equality Archives - GilesFiles

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...

Terminating employment on notice: Constitutional question?

by GilesFiles | Oct 17, 2025 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Terminating employment on notice South African labour laws allow employment contracts to be terminated on notice but only employers have to provide a valid and fair reason related to conduct or capacity or based on operational...

Employee leave provisions: Maternity parental & adoptive

by GilesFiles | Oct 3, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Increasing dual citizenship: Rights not forfeited

by GilesFiles | May 6, 2025 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, SA Majiedt, Sectors, Selected judges, State organs, 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,...

Restoring land rights: Compensation awarded

by GilesFiles | Oct 4, 2023 | Agriculture, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

Izaacs v Government of the RSA What relevant factors need to be considered by the land claims court when awarding compensation in a dispute concerning restoring land rights? “31. In a case confined to compensation, s 33...

Management rules disputed: Special rules adopted

by GilesFiles | Dec 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs awarded, Courts, Declaratory, Differentiation not discrimination, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Res judicata (issue estoppel), Rules Codes & Manual, Sectors, 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,...

Management rules disputed: Special rules adopted

by GilesFiles | Dec 12, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs awarded, Courts, Declaratory, Differentiation not discrimination, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Res judicata (issue estoppel), Rules Codes & Manual, Sectors, 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,...

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 |

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,...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Pay progression differentiation: Incentive Policy Framework

by GilesFiles | Nov 9, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Courts, Deemed, Differentiation not discrimination, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, MV Phatshoane, Objective - correctness, Orders, PAJA 2000, Parties, Pay progression, Performance, Policies - all, Private enterprises, Review tests, Sectors, State organs, Statutes (LRL 2)-work, Topics, Work Science Institute | 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,...

Wage disparity alleged: Narrow compass interpretation?

by GilesFiles | May 7, 2020 | 2020 onwards, AF - Internal equity external parity, Appeals, Causes and defences, Courts, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Exceptions/special pleas, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, Orders, Parties, Roland Sutherland, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute | 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,...

Land tenure rights: Violation of women’s rights

by GilesFiles | Oct 30, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Just and equitable relief, Landmark judgments, Legal Practice, Legislation, Sectors, Topics | 0 |

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

Tag: Equality