Category: Discrimination (LRL 11)

Sexual orientation discrimination: Unlawful labour practice

by GilesFiles | Jun 15, 2020 | Automatically unfair - s187, Bill of Rights, Cause: statute, Common Law, Courts, Dignity equality freedom, Discrimination (LRL 11), Labour Relations, Legislation, Termination & dismissal (LRL 8), Topics | 0 |

Bostock v. Clayton County Whilst the doctrine of ’employment at will’ ( see also ‘just because’) prevails in the USA (and in some parts of Canada) it is an unlawful labour practice in terms of the Civil...

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Inherent job requirements: Firefighter incapacity

by GilesFiles | May 18, 2020 | 2020, 99 Service activities other, appeal, Appeals, Appointed LAC judges, Bill of Rights, Courts, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - municipal, Government: Municipal, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, 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,...

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Inherent job requirements: Discrimination not proved

by GilesFiles | Mar 3, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Bill of Rights, Courts, Daphne Mahosi, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, 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,...

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, abuse of process, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Conduct or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, F Kathree-Setiloane, Government - municipal, Government: Municipal, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, New evidence, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination & dismissal (LRL 8), Topics | 0 |

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Upgrading administrative error: Punitive costs awarded

by GilesFiles | Feb 14, 2020 | 11 Agriculture hunting etc, 2020, 42 Water collection purification, Acting LC judges, Courts, De bonis propriis, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - central, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders re costs, Parties, punitive costs, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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WhatsApp not unwelcome: Harassment appeal disallowed

by GilesFiles | Feb 7, 2020 | 2020, 91 Public administration defence, appeal, Appeals, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt VI ss 53-65, Employment Equity Act 1998, GN Moshoana, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Refused, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics | 0 |

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Upgrading administrative error: Review or appeal rights

by GilesFiles | Jan 29, 2020 | 11 Agriculture hunting etc, 2020, 42 Water collection purification, Acting LC judges, Appeals, Courts, De bonis propriis, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, Government - central, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders re costs, Parties, punitive costs, Review tests, Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Rational pay differential: Longer service really?

by GilesFiles | Nov 18, 2019 | Applications, CCMA awards, CCMA members, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), 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, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics | 0 |

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Arbitrary grounds exception: Practice Manual binding

by GilesFiles | Oct 22, 2019 | 2020, 93 Health social work, Applications, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, Government - provincial, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Postponements, Public Service Act (Proc 103 of 1994), Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Equality Report examined: Binding effect discussed

by GilesFiles | Oct 8, 2019 | 2019, 91 Public administration defence, André van Niekerk, Appointed LC judges, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), EEA Chpt V ss 34-52, Employment Equity (LRL 12), Employment Equity Act 1998, Government - central, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Upgrading pay levels: Benefits and unfair conduct

by GilesFiles | Oct 4, 2019 | 2019, Acting LAC judges, Appeals, Awards -s145, Benefits - 186(2)(a), Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA 7 Factors, EEA9 Levels s21, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Insights, Job evaluation, John Murphy, Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Pay progression, Policies - strategies - tactics, Promotion / demotion - 186(2)(a), Remuneration, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, TASK, Thought Leaders, Topics | 0 |

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Disproportionate pay differentiation: Remedial action

by GilesFiles | Aug 23, 2019 | 2019, 92 Education, Acting LC judges, Benefits - 186(2)(a), Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Legal Practice, Parties, Pay progression, Remuneration, Sectors, Statutes (LRL 2) - work law, Topics, Universities and schools, 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,...

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