Direct and indirect discrimination Archives

Under-represented groups: Pipelining to promote?

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, Appeals - leave, Causes and defences, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Employee leave provisions: Maternity parental & adoptive

by GilesFiles | Oct 3, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, ZLL Tshiqi | 0 |

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Retirement age not agreed: Automatically unfair dismissal

by GilesFiles | Sep 9, 2025 | 2020 onwards, Applications, AUD, Causes and defences, Compensation, Contractual breach, Courts, Declaratory, Direct and indirect discrimination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Direct and indirect discrimination: Definite distinction

by GilesFiles | Jun 25, 2025 | AB - Law generally, AG - Legal research, AU - ChatGPT, Direct and indirect discrimination, ILO Conventions, Insights | 0 |

South African law makes a definite distinction between direct and indirect discrimination—particularly under the Constitution and statutes like the Employment Equity Act 55 of 1998 (EEA) and the Promotion of Equality and...

Discrimination, harassment & victimisation: Unproved allegations?

by GilesFiles | Jun 20, 2025 | 2020 onwards, Bill of Rights, Causes and defences, Courts, Declaratory, Differentiation not discrimination, Direct and indirect discrimination, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 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,...

Employment Equity Bill 2012: Submission by panel

by GilesFiles | Jun 1, 2025 | AB - Law generally, AG - Legal research, AH05 - EEA, AL - ILO, AUD, Bill of Rights, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Legislation, Management, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

SUBMISSION ON EMPLOYMENT EQUITY AMENDMENT BILL OF 2012 (as introduced by the Minister of Labour (National Assembly)) 19 November 2012 1) A principal purpose of the Bill is to bring the Employment Equity Act (EEA) fully in line...

Refusing amendment application: Wage discrimination dispute

by GilesFiles | May 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Direct and indirect discrimination, Disallowed, EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Equal pay and value, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Mining, Non-profit organisations, Objective - correctness, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Constructive: 186(1)(e), Costs, Courts, Declaratory, Direct and indirect discrimination, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Exercising public power: Legal thresholds not met

by GilesFiles | Mar 26, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Condonation, Costs, Courts, Declaratory, Direct and indirect discrimination, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

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Interpreting collective agreement: Jurisdiction lacking

by GilesFiles | Aug 24, 2023 | 2020 onwards, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Costs, Courts, Direct and indirect discrimination, Disallowed, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Lifestyle centres purpose: Tariff leave to appeal

by GilesFiles | Jan 26, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Direct and indirect discrimination, High Court, High Court judges, Insights, Judges, leave to appeal, Legal Practice, Legislation, Management, Orders, Parties, Policies - all, Sectors, Statutory, Topics | 0 |

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Assessing mental health: Context of constructive dismissal

by GilesFiles | May 4, 2022 | 2020 onwards, Bill of Rights, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Finance, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Category: Direct and indirect discrimination