CCMA awards Archives

Discrimination and equal pay: Dignity must be affected

by GilesFiles | Jul 20, 2024 | Causes and defences, CCMA awards, CCMA members, Costs, Courts, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Seven occupational levels, 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,...

Disproportionate pay differential: Pay differences justified

by GilesFiles | Jul 12, 2024 | Causes and defences, CCMA awards, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Alleged harassment and bullying: Senior manager compensated

by GilesFiles | Jun 9, 2024 | Applications, Banks, BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, Conduct & capability, Courts, Declaratory, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Words & phrases | 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,...

Terminating collective agreement: Just or good cause

by GilesFiles | Jan 26, 2024 | Applications, Causes and defences, CCMA awards, CCMA members, Collective Bargain (LRL 5), Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

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, EEA Chpt II ss 5-11, Employ Equity (LRL 12), 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, Resolving disputes (LRL 3), 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), Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Management, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), 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...

Remote working considered: CCMA jurisdiction lacking

by GilesFiles | May 21, 2023 | BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, CCMA Rules, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, Inherent requirements, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

R v Searlco Ltd Do our labour laws apply to persons who engage in remote working for an overseas company? “[41] In the end, having considered all the evidence pertaining to the territorial jurisdiction submitted by the...

Prematurely terminating employment: Retirement age?

by GilesFiles | May 5, 2023 | AUD, CCMA awards, Conduct & capability, Courts, Fixed-term, Judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

RE v University of Fort Hare Does prematurely terminating a fixed-term employment contract signed before reaching retirement age deprive employers of right to rely on s 187(2)(b) of LRA? “[31] In Buthelezi v Municipal...

Prematurely terminating employment: Retirement age?

by GilesFiles | May 5, 2023 | AB - Law generally, AUD, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capability, Contractual breach, Courts, Declaratory, Evidence & onus, False assumptions, Fixed-term, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA C: 133-150 CCMA, Management, Operation of law, Orders, Parties, Personal services, Policies - all, Protectable interests, Public policy, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

RE / University of Fort Hare Prematurely terminating employment  Essence Prematurely terminating employment  Decision (ECEL39-23) [2023] 7 BALR 756 (CCMA) (5 May 2023) Order: [39] The respondent is ordered to reinstate...

CCMA amended rules: Effective 24 April 2023

by GilesFiles | Apr 24, 2023 | AH - Labour Legislation, AI - CCMA, CCMA awards, CCMA Rules, Courts, Insights, Legal Practice, Legislation, Rules Codes & Manual, Topics | 0 |

Amended CCMA Rules have been published in the Government Gazette and take effect on April 24, 2023 and are repeated here in final form for easy reference but with some minor edits and without repeating various offices of the...

Unequal pay determined: Arbitrary grounds

by GilesFiles | Apr 18, 2023 | AF - Internal equity external parity, Applications, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capability, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Inherent requirements, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Operational reasons, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Provincial, Resolving disputes (LRL 3), Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

MH v Department of Education – Eastern Cape When will unequal pay be determined as grossly unfair and discriminatory base simply on arbitrary grounds of background and education? “[27] The discriminatory conduct, given the...

Awards late delivery: Right to respond

by GilesFiles | Nov 2, 2022 | Applications, BCEA 1997 (LRL 10), Causes and defences, CCMA & BC, CCMA awards, CCMA members, Central, Conduct & capability, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA C: 133-150 CCMA, LRA Sch 8: GP Code, Management, Orders, Parties, Policies - all, Prerogative, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, 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,...

Category: CCMA awards