EEA Chpt II ss 5-11 Archives

Unfair race discrimination: Absolute barrier considered

by GilesFiles | May 24, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Disproportionate income differentials: Novel test case

by GilesFiles | May 14, 2024 | 2020 onwards, AB - Law generally, AF - Internal equity external parity, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Mining, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Pleadings, Private enterprises, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, 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,...

Collective agreement grading: Adopting TASK grading system

by GilesFiles | May 2, 2024 | 2020 onwards, AF - Internal equity external parity, Allowed, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Local, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 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,...

Positive cannabis test: Discrimination and privacy

by GilesFiles | Apr 23, 2024 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Personal Information, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Zero tolerance | 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,...

Assessing criminal record: Inherent job requirements

by GilesFiles | Apr 11, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, LCP Manual, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Urgency | 0 |

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Shortlisting failure unfair: Compensation awarded

by GilesFiles | Mar 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Proportionate pay differentiation: Length of service?

by GilesFiles | Dec 20, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Connie Prinsloo, Costs, Courts, Disallowed, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Differentiation not discrimination: Unrelated to race or gender

by GilesFiles | Nov 24, 2023 | 2020 onwards, AF - Internal equity external parity, Applications, Causes and defences, Central, Courts, Declaratory, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, MZN Lallie, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Uniform HC | 0 |

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Evaluating job grading: Demotion or promotion?

by GilesFiles | Nov 8, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, Management, Objective - correctness, Orders, Parties, Pay differentials, Policies - all, Provincial, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Special pleas considered: Non-joinder and vicarious liability

by GilesFiles | Nov 2, 2023 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Courts, Declaratory, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Government, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Metro, Orders, Parties, Resolving disputes (LRL 3), Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 0 |

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Prior conciliation required: LC jurisdiction lacking

by GilesFiles | Oct 20, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Personal services, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Reviewing appointment failure: Jurisdiction lacking

by GilesFiles | Oct 20, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, LRA 8b: 185-186(2) Practices, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, 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: EEA Chpt II ss 5-11