Discrimination (LRL 11) Archives

Harassment claim rejected: Evidential onus considered

by GilesFiles | Jun 18, 2021 | 2020 +, Applications, 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 (LRL 12), erroneously sought, Evidence and onus, Evidentiary burden, Finance, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Review tests, 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,...

Impugning human dignity: Discrimination or differentiation

by GilesFiles | Mar 1, 2021 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Central, Clear and convincing, Courts, 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, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Holistic evaluation, 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, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Deactivating access cards: Unlawful management action

by GilesFiles | Feb 1, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Co-operatives, Construction industry, Courts, Declaratory, Discrimination (LRL 11), Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Reinstatement, Sectors, Statutes (LRL 2) - work law, Topics, Urgency | 0 |

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Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Automatically unfair - s187, Capability or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Granted, Ill health and illness, Insubordination, John Murphy, 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, Orders, Parties, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 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,...

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...

Third party misconduct: Excluded from discrimination claim

by GilesFiles | May 18, 2020 | 2020 +, Appeals, Appointed LAC judges, Courts, Dennis Davis, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Evidence and onus, Evidentiary burden, Harassment & bullying, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Onus of proof, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Inherent job requirements: Firefighter incapacity

by GilesFiles | May 18, 2020 | 2020 +, 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, 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, Municipal, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Maternity leave discrimination: Alternative position denied

by GilesFiles | May 18, 2020 | 2020 +, Acting LAC judges, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity (LRL 12), Employment Equity Act 1998, Judges, Kate Savage, 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, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Wage disparity alleged: Narrow compass interpretation?

by GilesFiles | May 7, 2020 | 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 111 of 1958, 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 |

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Inherent job requirements: Discrimination not proved

by GilesFiles | Mar 3, 2020 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Central, Courts, 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, 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 |

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020 +, 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, Government, 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, Municipal, New evidence, Objective or correct, Orders, Parties, Review tests, Rules, 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 | 2020 +, Acting LC judges, Central, 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, Judges, Jurisdiction and powers, 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, 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,...

Category: Discrimination (LRL 11)