111 of 1958 Archives

Human resource code: Equity policies and practices

by GilesFiles | Jul 19, 2020 | 111 of 1958, Codes see Policies, Employment equity, Equal pay & value, ILO Conventions, Inherent requirements, Insights, Job evaluation, Management, Pay progression, Policies - strategies - tactics, Practices see Policies, Value exchange | 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 | 111 of 1958, 2020, Appeals, Appointed LAC judges, Courts, 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 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, Refused, 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 | 111 of 1958, 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 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 | 111 of 1958, 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, 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 | 111 of 1958, CCMA awards, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, 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: Unpaid extended maternity leave

by GilesFiles | Nov 7, 2017 | 111 of 1958, 2017, Appointed LC judges, Basic Conditions (LRL 10), Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), Edwin Tlhotlhalemaje, Employment Equity (LRL 12), Employment Equity Act 1998, ILO Conventions, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legislation, Management, Policies - strategies - tactics, pregnancy, Sectors | 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 | 111 of 1958, 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 Conventions, Insights, Labour Relations, Legality principle, Legislation, Management, Pay progression, Policies - strategies - tactics, Statutes (LRL 2) - work law, 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,...

ILO Convention 111: Employment and Occupation Discrimination

by GilesFiles | Aug 25, 2017 | 111 of 1958, Bill of Rights, Discrimination (LRL 11), Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, 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 | 111 of 1958, 2017, Acting LC judges, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, 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 | 4 |

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...

Newly appointed employees: Differentiation not discrimination

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

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...

Arbitrary ground: Proof required by complaining employee

by GilesFiles | Mar 29, 2016 | 111 of 1958, Bill of Rights, CCMA awards, CCMA members, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Judges, Labour Relations, Legal Practice, Onus of proof, Parties, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics | 0 |

 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...

Discrimination is prohibited: Finish and klaar

by GilesFiles | Sep 30, 2015 | 111 of 1958, Anton Steenkamp, Automatically unfair - s187, Discrimination (LRL 11), Employment Equity (LRL 12), Insights, Termination & dismissal (LRL 8) | 0 |

Prof Darcy du Toit in his latest editorial Defending the indefensible?, first published by LexisNexis on IR Network [subscription required], has no hesitation in correctly declaring that discrimination is prohibited –...

Category: 111 of 1958