Category: Employ Equity (LRL 12)

Proportionate pay differentiation: Length of service?

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Differentiation not discrimination: Unrelated to race or gender

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Evaluating job grading: Demotion or promotion?

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Special pleas considered: Non-joinder and vicarious liability

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Discriminating on arbitrary grounds: Harassment not proved

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Equal pay dispute: Comparators with longer service

Upswu obo M v Tiger Brands (Pty) Ltd What distinguishes a dispute about equal pay from a dispute about equal value and why is length of service a relevant factor? “[36] In the Pioneer case, the Court stated as follows in...

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Discriminating based on age: Automatically unfair

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Amending retirement age: Automatically unfair?

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Alleged cultural discrimination: Inherent job requirements

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Harassment and vicarious liability: Claim not proved

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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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Disability discrimination considered: Proof not adduced

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