ILO 111 of 1958 Archives

Social origin differentiation: Objective assessment

by GilesFiles | May 17, 2021 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Finance, ILO 111 of 1958, ILO Conventions, Insights, Interpretation and application, Judges, Jurisdiction and powers, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, 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,...

Human resource code: Equity policies and practices

by GilesFiles | Jul 19, 2020 | EEA 6, Employment equity, Equal pay & value, ILO 111 of 1958, ILO Conventions, Inherent requirements, Insights, Job evaluation, Management, Pay progression, Policies - strategies - tactics, Value exchange, Work Science Institute | 0 |

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...

Wage disparity alleged: Narrow compass interpretation?

by GilesFiles | May 7, 2020 | 2020 +, Appeals, Appointed LAC judges, Courts, Disallowed, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Exceptions/special pleas, ILO 111 of 1958, ILO Conventions, Insights, Interpretation and application, Job evaluation, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Onus of proof, Orders, Organs of state, Parties, Roland Sutherland, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Arbitrary grounds considered: Flagging in mining industry?

by GilesFiles | Jan 29, 2020 | Applications, Bill of Rights, CCMA awards, CCMA members, Compensation, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, ILO 111 of 1958, ILO Conventions, Inherent requirements, Insights, Interpretation and application, Judges, Labour Relations, Legal Practice, Management, Orders, Parties, Private enterprises, Risks, Sectors, 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,...

Arbitrary ground considered: Pay narrow interpretation

by GilesFiles | Dec 12, 2018 | 2018, Central, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA 7 Factors, EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, ILO 111 of 1958, Judges, Labour Court, Labour Relations, Remuneration, Sectors, Statutes (LRL 2) - work law, Thought Leaders, 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,...

Arbitrary ground resignation: Differentiation or discrimination?

by GilesFiles | Apr 3, 2018 | CCMA awards, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, ILO 111 of 1958, ILO Conventions, Insights, Labour Relations, Legal Practice, Management, Policies - strategies - tactics, Resignation voluntary, Sectors, Topics | 0 |

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...

Protecting pregnant employees: Extended maternity leave

by GilesFiles | Nov 7, 2017 | 2017, Appointed LC judges, Basic Conditions (LRL 10), Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), Edwin Tlhotlhalemaje, EEA 6, Employment Equity (LRL 12), Employment Equity Act 1998, ILO 111 of 1958, ILO Conventions, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legislation, Management, Policies - strategies - tactics, pregnancy, Sectors, 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,...

Pay discrimination examined: Excerpts ILO Constitution EEA

by GilesFiles | Aug 25, 2017 | Bill of Rights, Discrimination (LRL 11), EEA4 differentials s27, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal outcomes, Equal pay & value, ILO 111 of 1958, ILO Conventions, Insights, Labour Relations, Legality principle, Legislation, Management, Pay progression, Policies - strategies - tactics, Statutes (LRL 2) - work law, 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...

ILO Convention 111: Employment and Occupation Discrimination

by GilesFiles | Aug 25, 2017 | Bill of Rights, Discrimination (LRL 11), Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, ILO 111 of 1958, ILO Conventions, Inherent requirements, Insights, Labour Relations, Legality principle, Markets in SA, philosophy / economics, Statutes (LRL 2) - work law, Topics | 0 |

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...

Any other arbitrary grounds: EEA interpretation

by GilesFiles | Mar 30, 2017 | 2017, Acting LC judges, Courts, Discrimination (LRL 11), EEA 6, EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, ILO 111 of 1958, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Parties, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Transport & communication, Work Science Institute | 1 |

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...

Collective bargaining challenge: Demarcated powers

by GilesFiles | May 4, 2016 | 2016, Applications, Associations & corporate bodies, Bill of Rights, Biowatch principle, Central, Collective agreements, Collective Bargaining (LRL 5), Common law review, Competition, Courts, Declaratory, Dispute Resolution (LRL 3), Employment equity, Employment Relations (LRL 1), Equal pay & value, Evidence and onus, Free and fair, Government, High Court, High Court judges, ILO 111 of 1958, ILO Conventions, Insights, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Management, Markets in SA, Not awarded, Orders, Orders re costs, Parties, performance based, Protectable business interests, Reforms required, Remuneration, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Value exchange, Work Science Institute | 0 |

Free Market Foundation v Minister of Labour Collective bargaining challenge and a 3-bench high court judgment decided that the applicant had missed the mark but “that said, there is truth in the assertion that any...

Newly appointed employees: Differentiation not discrimination

by GilesFiles | Apr 19, 2016 | 2016, 2016, Anton Steenkamp, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA 6, Equal pay & value, ILO 111 of 1958, Judges, Labour Court, Labour Court judges, Landmark judgments, Statutes (LRL 2) - work law, Work Science Institute | 3 |

Pioneer Foods (Pty) Ltd v Workers Against Regression (WAR) (C687/15) [2016] ZALCCT 14 [2016] 9 BLLR 942 ; (2016) ILJ 2872 (LC) (19 April 2016) per Anotn Steenkamp J at para [45]. Newly appointed employees do not have the right...

Category: ILO 111 of 1958