Category: 111 of 1958

Human resource code: Equity policies and practices

Code of Good Practice An extremely important Code of Good Practice for human resource practitioners and all those in providing advice in the field of employment and labour law. Published in the Government Gazette on 4 August...

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Wage disparity alleged: Narrow compass interpretation?

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,...

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Arbitrary grounds considered: Flagging in mining industry?

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Arbitrary ground considered: Pay narrow interpretation

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Arbitrary ground resignation: Differentiation or discrimination?

Jurgens v Dept of Education, Eastern Cape  Arbitrary ground resignation: It was decided that the applicant relied on an arbitrary ground of discrimination and failed to prove that the differentiation based on her having...

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Protecting pregnant employees: Unpaid extended maternity leave

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,...

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Pay discrimination examined: Excerpts ILO Constitution EEA

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ILO Convention 111: Employment and Occupation Discrimination

South Africa ratified ILO Convention 111 on 5 March 1997 and it remains in force. The complete Convention is quoted below. These are some earlier posts referring to the Convention: Discrimination is prohibited: Finish and klaar...

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Any other arbitrary grounds: EEA interpretation

Ndudula v Metrorail Prasa (Western Cape) (C1012/2015) [2017] ZALCCT 12 ; [2017] 7 BLLR 706 ; (2017) ILJ 2565 (LC) (30 March 2017) per Coetzee AJ. The LC declined to uphold a claim of alleged ‘unfair’ discrimination on an...

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Newly appointed employees: Differentiation not discrimination

Newly appointed employees do not have the right to demand the same remuneration as longer serving employees.  See also Du Toit et al Labour Relations Law: A Comprehensive Guide 6th ed (LexisNexis, 2015) particularly at pages...

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Arbitrary ground: Proof required by complaining employee

 Essence Employee failing to prove an arbitrary ground after alleged pay discrimination claiming that he was paid less than a colleague who was re-appointed on a higher salary.  Decision Nehawu obo Totyi v...

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