AF Internal equity external parity Archives

Pay progression dispute: Occupation Specific Dispensation (OSD)

by GilesFiles | Jun 24, 2024 | 2020 onwards, AF Internal equity external parity, Causes and defences, Costs, Courts, Dennis Davis, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Pay progression, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Collective agreement grading: Adopting TASK grading system

by GilesFiles | May 2, 2024 | 2020 onwards, AF Internal equity external parity, Allowed, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Local, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Promotion defined and assessed: Pay or grade progression?

by GilesFiles | Mar 1, 2024 | 2020 onwards, AF Internal equity external parity, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), False assumptions, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Scarce skills allowances, Sean Snyman, Sectors, Selected judges, Seven occupational levels, Sidumo - see also awards s 145, 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, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, MZN Lallie, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Uniform HC | 0 |

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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...

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, 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, Performance, Policies - all, Provincial, Re-grading, 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...

Proportional pay differentials: Frameworks and compliance

by GilesFiles | Mar 11, 2023 | AF Internal equity external parity, EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Chpt VI 53-65, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Insights, Labour Relations, Markets in SA, Pay differentials, Pay progression, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

“When the Employment Equity Act was being negotiated in 1997, a most unusual provision was inserted at the insistence of the trade union side. This became section 27 of the EEA, which states that every designated employer must...

Pay discrimination examined: Excerpts ILO Constitution EEA

by GilesFiles | Mar 10, 2023 | AF Internal equity external parity, Bill of Rights, Discrimination (LRL 11), EEA 1998, EEA4 s27, Employ Equity (LRL 12), ILO Convention 111/1958, ILO Conventions, Insights, Labour Relations, Legality principle, Legislation, Management, Pay progression, Policies - all, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

What do managers have to do to comply with their legal obligations to eliminate pay discrimination as examined herein? This contribution draws attention to the relevant statutory framework that will assist readers in knowing and...

Inherent job requirements: Service length arbitrary?

by GilesFiles | Aug 22, 2022 | 2020 onwards, AF Internal equity external parity, Allowed, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, CCMA Rules, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, False assumptions, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v Fawu Why is the binding ILO Convention 111 seemingly ignored when considering defence of inherent job requirements in context of discrimination? “[24] Accordingly, the...

Same salary adjustments: Cost-of-living increase

by GilesFiles | Aug 18, 2022 | 2020 onwards, AF Internal equity external parity, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, EEA9 Levels s21, F Kathree-Setiloane, Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Pay progression, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Grade progression model: Evaluating job levels

by GilesFiles | Aug 15, 2022 | 2020 onwards, AF Internal equity external parity, Causes and defences, Collective Bargain (LRL 5), Conduct & capability, Costs, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Insights, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Pay progression, Poor performance, Provincial, Re-grading, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Seven occupational levels, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trust & confidence | 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,...

Inherent job requirements: Pay differential rational and fair

by GilesFiles | Jul 6, 2022 | 2020 onwards, AF Internal equity external parity, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Mining, MPN Nkutha-Nkontwana, Orders, Parties, Pay differentials, Private enterprises, Re-grading, Resolving disputes (LRL 3), Sectors, 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,...

Category: AF Internal equity external parity