Category: EEA 1998

Unfair race discrimination: Absolute barrier considered

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Collective agreement grading: Adopting TASK grading system

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Positive cannabis test: Discrimination and privacy

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Assessing criminal record: Inherent job requirements

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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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Reviewing appointment failure: Jurisdiction lacking

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Changes in organisational structure: Differentiation not discrimination

NP v Ezemvelo KZN Wildlife Do changes in organisational structure present management with opportunity to ensure compliance with equal pay for work of equal value? “[14] Applicant is bound by the characterisation of the...

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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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