Category: Equal outcomes

Pay discrimination examined: Excerpts ILO Constitution EEA

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...

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Applicable job grading: Job weight range overlap

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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Undemocratic era relics: Discriminatory irrational differentiation

Holomisa v Holomisa Undemocratic era relics confronted and declared unconstitutional because they were discriminatory “This case concerns the discriminatory oddity that women married out of community of property under the...

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Equality substantive fairness: treatment and opportunity

Knowing that the Employment Equality Act (EEA) has as one of its main objectives the equality of outcomes the following two articles by Steven Horwitz should be of considerable interest to those concerned about inequality and...

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Liberty and equality: Empowerment through information and education

“Let me be very clear: it is not about sugar.  Nor about any other area of social control.  Once the principles of self-ownership and equality are surrendered in seemingly trivial contexts, they are lost in all contexts. ...

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U.S. Supreme Court: Affirmative action & free association

The latest term that started on Monday 5 October 2015 has an interesting theme according to a report on Bloomberg.  It seems that conservatives are using traditionally liberal constitutional tools to try and prohibit government...

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Equality: Priests and inherent church requirements

D v Presiding Bishop of the Methodist Church of Southern Africa CCT 223/14 – to be argued in the Constitutional Court on 28 August 2015 – [media summary edited to protect personal privacy] “The following explanatory note...

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Proportional limitations considered: Incommensurability

The word means ‘something that cannot be compared or measured, especially a quality or a mathematical value’.  Section 27 of the Employment Equity Act (EEA) obliges employers to eliminate ‘disproportionate income differentials’...

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Employee participation: corporate and labour law

MM Botha, a senior lecturer in the Faculty of Law at North-West University (Potchefstroom Campus), has published an important article pointing out how the different functions, theories and models of labour and company law...

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