unfair discrimination Archives

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,...

Affirmative action in practice: Comparative Perspectives

by GilesFiles | Jan 13, 2026 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Affirmative action in practice: Comparative Perspectives South Africa’s model sits between India and the EU: more robust and group-conscious than European “positive action,” but more constitutionally restrained than India’s...

Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, 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,...

ILO Convention 111: Reconciling discrimination with unfairness

by GilesFiles | Jun 25, 2025 | AB - Law generally, AU - ChatGPT, ILO Convention 111/1958, ILO Conventions, Insights | 0 |

Question Why do we in South Africa focus on Harksen v Lane NO when the ILO Convention 111 only uses the term “discrimination” Answer There is a key tension in South African anti-discrimination law: the...

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...

Unfair discrimination and differentiation: ILO Convention 111

by GilesFiles | May 14, 2025 | AA - Resources generally, AB - Law generally, AU - ChatGPT, Differentiation not discrimination, ILO Convention 111/1958, ILO Conventions, Insights | 0 |

Contrast concepts of unfair discrimination and differentiation in employment law in South Africa especially considering Constitution and ILO Convention 111 Unfair Discrimination versus Differentiation in South African Employment...

Harassment and discrimination: Ground of conscience?

by GilesFiles | Mar 16, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, GN Moshoana, Government, Harass & bully, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Parties, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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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 |

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Inherent Job requirements: Accommodating disability?

by GilesFiles | Mar 30, 2022 | 2020 onwards, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Dignity equality freedom, Disallowed, EEA 1998, EEA Chpt II ss 5-11, Government, Insights, Judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Municipal, Orders, Parties, Policies - all, Review tests, Risks, Rules Codes & Manual, SA Majiedt, 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,...

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,...

Tag: unfair discrimination