“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...
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Read MoreMaraba 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...
Read MoreIntroduction 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...
Read MoreToday 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...
Read MoreCwu 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...
Read MoreAfrican 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...
Read MoreXoli 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...
Read More 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...
Read More Essence Historical wage disparities: Alleged discrimination and consideration of the Employment Equity Act especially s27 and making preliminary procedural rulings. Decision Amcu v Chamber of Mines South Africa [2017]...
Read MoreSo the Department of Labour intends to prosecute companies listed on the Johannesburg Stock Exchange (JSE) for failing to comply with s 20(1) of the Employment Equity Act (EEA). It is also alleged that some JSE listed companies...
Read MoreWhen paying someone for work a value-exchange is needed. Challenging decisions must be properly rewarded but coupled with appropriate accountability. So the reference to “occupational levels” in schedule EEA9 to the Employment...
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