EEA Chpt III ss 12-27 Archives

Suspension of statutory powers: Interdictory relief inappropriate

by GilesFiles | Aug 28, 2025 | 2020 onwards, AH05 - EEA, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Regulations, Employ Equity (LRL 12), Free and fair, GN Moshoana, Government, High Court, High Court judges, ILO Convention 111/1958, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Markets in SA, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Working Sundays considered: Disproportionate pay differentials?

by GilesFiles | Nov 12, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Management, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Pay progression, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Topics, Trade, 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,...

Equal pay for work: Discrimination not proved

by GilesFiles | Nov 6, 2024 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Courts, Declaratory, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA Regulations, EEA4 s27, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, ILO Conventions, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Pay progression, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 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,...

Proportional pay differentials: Frameworks and compliance

by GilesFiles | Mar 11, 2023 | AF - Internal equity external parity, EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Chpt VI 53-65, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Markets in SA, Pay differentials, Pay progression, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

“When the Employment Equity Act was being negotiated in 1997, a most unusual provision was inserted at the insistence of the trade union side. This became section 27 of the EEA, which states that every designated employer must...

Inherent job requirements: Pay differential rational and fair

by GilesFiles | Jul 6, 2022 | 2020 onwards, AF - Internal equity external parity, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Mining, MPN Nkutha-Nkontwana, Orders, Parties, Pay differentials, Private enterprises, Sectors, 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,...

Disproportionate pay differentiation: Remedial action

by GilesFiles | Aug 23, 2019 | 2019, AF - Internal equity external parity, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, Employ Equity (LRL 12), Equal pay and value, Insights, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Pay differentials, Pay progression, Practices (LRL 9), Sectors, Statutes (LRL 2)-work, Terms & conditions, Topics, Universities and schools, Work Science Institute | 0 |

Maraba v Tshwane University of TechnologyDisproportionate pay differentiation identified and in the absence of a justifiable explanation it was decided that the applicants had been discriminated against on the basis of their...

CA Sector Code: Management levels – flawed EEA9

by GilesFiles | Apr 29, 2019 | AF - Internal equity external parity, EEA 1998, EEA Chpt III ss 12-27, EEA9 Levels s21, Employ Equity (LRL 12), Insights, Labour Relations, Legislation, Personal Information, Sectors, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

Introduction to draft Sector Code for the accounting profession For many years it has been suggested that EEA9 in the Employment Equity Act (EEA) is a flawed structure because it fails to give proper effect to the elimination of...

Unscientific job evaluation: Stones disappearing scorpions

by GilesFiles | Apr 14, 2019 | AD - Personal archives, AF - Internal equity external parity, Discrimination (LRL 11), EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Job evaluation and grading, Labour Relations, Pay differentials, Seven occupational levels, Thought Leaders, Topics, Work Science Institute | 3 |

Today I happened upon a post in the blog of the Energy Research Centre (ERC) on 5 June 2017 recording with great sadness that Bill Cowan had passed away. Bill Cowan (right) with colleagues Patrick van Sleight and Gamieda...

Irrational pay differentials: Unequal pay claim refused

by GilesFiles | Oct 9, 2018 | AF - Internal equity external parity, CCMA awards, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, Employ Equity (LRL 12), Equal pay and value, Insights, Job evaluation and grading, Labour Relations, Legal Practice, Pay differentials, Pay progression, Sectors, Seven occupational levels, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

Cwu v SA Post Office SOC LtdIrrational pay differentials but CCMA refused to grant any relief because the union failed to prove that the differentials were based on any prohibited ground and in a sense the union was really...

Seniority justifying differentials: Valid rational reason?

by GilesFiles | Sep 5, 2018 | AF - Internal equity external parity, CCMA awards, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, Employ Equity (LRL 12), Insights, Labour Relations, Legal Practice, Sectors, Statutes (LRL 2)-work, Topics | 0 |

African Meat Industry & Allied Trade Union / Premier FMCG (Pty) LtdSeniority justifying differentials in pay does not accord with the principles of proportional pay differentials because it completely distorts the...

Demotion needs defining: Aligning pay and position

by GilesFiles | Apr 19, 2018 | 2018, AF - Internal equity external parity, Courts, EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Court, Labour Relations, Objective - correctness, Practices (LRL 9), Promotion or demotion, RGO Lagrange, Sectors, State Owned Enterprises, Thought Leaders, Topics, Work Science Institute | 0 |

Xoli v CCMA (Telkom) Demotion needs defining because the LC seems to have assumed that the issue concerned demotion and an alleged unfair labour practice without clearly defining what is meant by ‘demotion’. The...

Pleading pay discrimination: More than mere differentiation

by GilesFiles | Feb 8, 2018 | 2018, AF - Internal equity external parity, Applications, Causes and defences, Courts, Discrimination (LRL 11), Edwin Tlhotlhalemaje, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, General, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Pleadings: amending, Sectors, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

 Essence Pleading pay discrimination: Amended statement of claim clearly setting out the basis for alleging [unfair] discrimination on arbitrary grounds relating to unequal pay.  Decision United National Transport Union obo...

Category: EEA Chpt III ss 12-27