Category: ILO 111 of 1958

Social origin differentiation: Objective assessment

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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?

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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: Extended maternity leave

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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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Collective bargaining challenge: Demarcated powers

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...

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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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