Category: Dignity equality freedom

Discriminatory hate speech: Hurtful harassment

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BCEA provisions invalid: Time off from work

WvW v Minister of Employment and Labour What value choices need to be protected and enforced when considering whether to declare certain provisions of BCEA invalid? “[1] This application is about allegations of...

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Restoring land rights: Compensation awarded

Izaacs v Government of the RSA What relevant factors need to be considered by the land claims court when awarding compensation in a dispute concerning restoring land rights? “31. In a case confined to compensation, s 33...

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Discriminating on arbitrary grounds: Harassment not proved

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Unreasonable restraint altered: Lesser restrictions imposed

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Permanent stay application: Alternative remedy discussed

MVV v Director of Public Prosecutions, Western Cape Is it appropriate to grant a permanent stay application in civil proceedings given specific provisions in Criminal Procedure Act? “[33] The attitude adopted by the first...

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Amending retirement age: Automatically unfair?

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Disclosing medical information: Privacy rights considered

MEC: Health Gauteng Province v RS Is confidentiality lost in respect of patient medical information if it is contained in public records?  “57. This brings to the fore the question whether confidentiality is lost in...

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Alleged cultural discrimination: Inherent job requirements

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Interdicting harassing behaviour: SLAPP application?

Body Corporate Assistance Gauteng (Pty) Ltd v PT (Central Square) In interdicting harassing behaviour of owners when should body corporate managers anticipate disputes of facts and issue summons? “[14] I have had an...

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Unequal pay determined: Arbitrary grounds

MH v Department of Education – Eastern Cape When will unequal pay be determined as grossly unfair and discriminatory base simply on arbitrary grounds of background and education? “[27] The discriminatory conduct, given the...

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Restoring unrestricted access: Child initiation rites

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