Discrimination (LRL 11) Archives

Geographical location discrimination: Award wrong in law

by GilesFiles | Aug 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Bill of Rights, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Applicable retirement age: Sec 187(2)(b) of LRA

by GilesFiles | Aug 11, 2026 | Applications, AUD, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Declaratory, Discrimination (LRL 11), Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Age discrimination confirmed: Substantial claim awarded

by GilesFiles | Jun 18, 2026 | 2020 onwards, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Compensation or damages, Costs, Costs awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Retirement, Sectors, Severance pay, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Arbitrary grounds discrimination: Absolution granted

by GilesFiles | May 18, 2026 | 2020 onwards, AH02a - LC rules current, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, MR Makhura, Objective - correctness, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Operational requirements dismissal: Unfair substance & procedure?

by GilesFiles | May 15, 2026 | 2020 onwards, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 194, LRA 1995, Mining, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics | 0 |

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Alleged disability discrimination: Jurisdiction lacking

by GilesFiles | Apr 20, 2026 | Applications, Bill of Rights, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Equality Court, erroneously sought, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Refused, Review tests, Sectors, Special pleas, State Owned Enterprises, Statutory, Topics | 0 |

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Invalid discriminatory grounds: Arbitrary ground of exploitation?

by GilesFiles | Apr 16, 2026 | 2020 onwards, Absolution, Applications, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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Correct objective test: Onus reversed?

by GilesFiles | Apr 8, 2026 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Combined statement of claim: Victimisation and dismissal

by GilesFiles | Mar 4, 2026 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Anticipated or future intolerability: Constructive dismissal?

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Anticipated or future intolerability: Dissenting judgment

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Applying for separation: Alleged race discrimination

by GilesFiles | Feb 24, 2026 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Category: Discrimination (LRL 11)