EEA Chpt V ss 34-52 Archives

Fixed-term contract: Not varied and expired

by GilesFiles | Sep 22, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Automatic, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt V ss 34-52, Employ Equity (LRL 12), Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Operation of law, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Discrimination, harassment & victimisation: Unproved allegations?

by GilesFiles | Jun 20, 2025 | 2020 onwards, Bill of Rights, Causes and defences, Courts, Declaratory, Differentiation not discrimination, Direct and indirect discrimination, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Racial harassment condemned: Employer vicariously liable

by GilesFiles | May 5, 2025 | 2020 onwards, Appeals - leave, Applications, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Compensation or damages, Courts, Declaratory, Delict, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Mining, Orders, Parties, Polygraph test, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Vicarious liability | 0 |

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Discriminatory conduct and harm: Compensation and costs awarded

by GilesFiles | Dec 9, 2024 | 2020 onwards, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Damages awarded unlawfully: Harassment & s 60 EEA

by GilesFiles | Nov 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, District, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Fair procedure, Government, Harass & bully, Hearsay, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Settling disputes finally: Special plea upheld

by GilesFiles | May 27, 2021 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, Declaratory, EEA 1998, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Mutual termination, Orders, Parties, Protectable interests, Public policy, Sectors, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Universities and schools | 0 |

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Gender discrimination considered: Female comparator

by GilesFiles | Sep 9, 2020 | AF - Internal equity external parity, CCMA awards, Courts, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Government, Insights, Judges, Just and equitable relief, Labour Relations, Legal Practice, Municipal, Orders, Parties, Sectors, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

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Maternity leave discrimination: Alternative position denied

by GilesFiles | May 18, 2020 | 2020 onwards, Bill of Rights, Courts, Damages, Differentiation not discrimination, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Compensation or damages, Conduct & capacity, Courts, Damages, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Evidence & onus, F Kathree-Setiloane, Government, Irregular proceeding, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Municipal, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Struck off, Termination (LRL 8), Topics, Work Science Institute | 0 |

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Arbitrary grounds considered: Flagging in mining industry?

by GilesFiles | Jan 29, 2020 | Applications, Bill of Rights, CCMA awards, CCMA members, Compensation or damages, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, Management, Orders, Parties, Private enterprises, Risks, Sectors, Topics | 0 |

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Equality Report examined: Binding effect discussed

by GilesFiles | Oct 8, 2019 | 2019, André van Niekerk, Bill of Rights, Central, Courts, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Judges, Labour Court, Labour Court judges, Labour Relations, Parties, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Retirement age considered: Agreed or normal?

by GilesFiles | Oct 26, 2016 | 2016, Applications, AUD, Bill of Rights, Causes and defences, Compensation or damages, Costs, Courts, Damages, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Personal services, Private enterprises, Provisos, Retirement, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

HEB v Finkelstein t/a Finkelstein and Associates Can employers terminate employment simply because a certain age is considered to be a retirement age even when there is no agreement nor proof of a normal retirement age?...

Category: EEA Chpt V ss 34-52