EEA Chpt VI 53-65 Archives

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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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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Harassment and vicarious liability: Claim not proved

by GilesFiles | Jun 5, 2023 | 2020 onwards, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, EEA Chpt VI 53-65, Employ Equity (LRL 12), Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, MPN Nkutha-Nkontwana, Non-profit organisations, Orders, Parties, Personal services, Polygraph test, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Vicarious liability | 0 |

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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), 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...

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 & capability, Costs, 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, Government, Gross misconduct, Harass & bully, Hearing procedure, Hearsay, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Eliminating harassment confirmed: Employer liability

by GilesFiles | Sep 22, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Conduct & capability, Costs, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Government, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, MZN Lallie, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 0 |

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Intolerable conduct or behaviour: Failure to complain

by GilesFiles | Apr 29, 2022 | 2020 onwards, Costs, Courts, Declaratory, EEA 1998, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade | 0 |

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Sexual harassment principles: Employer liability considered

by GilesFiles | Dec 10, 2021 | 2020 onwards, Appeals, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Harass & bully, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Policies - all, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Sexual harassment policy: Protection mechanism

by GilesFiles | Sep 23, 2021 | 2020 onwards, Applications, Conduct & capability, Costs, Courts, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, GN Moshoana, Harass & bully, Insights, Judges, Labour Court, Labour Relations, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics, Trade unions, Transport & communication | 0 |

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Harassment claim rejected: Evidential onus considered

by GilesFiles | Jun 18, 2021 | 2020 onwards, Applications, BM Whitcher, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Finance, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Third party misconduct: Excluded from discrimination claim

by GilesFiles | May 18, 2020 | 2020 onwards, Appeals, Courts, Dennis Davis, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Harass & bully, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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WhatsApp not unwelcome: Harassment appeal disallowed

by GilesFiles | Feb 7, 2020 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Vicarious liability | 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 VI 53-65