EEA4 s27 Archives

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...

Pay discrimination examined: Excerpts ILO Constitution EEA

by GilesFiles | Mar 10, 2023 | AF Internal equity external parity, Bill of Rights, Discrimination (LRL 11), EEA 1998, EEA4 s27, Employ Equity (LRL 12), ILO Convention 111/1958, ILO Conventions, Insights, Labour Relations, Legality principle, Legislation, Management, Pay progression, Policies - all, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

What do managers have to do to comply with their legal obligations to eliminate pay discrimination as examined herein? This contribution draws attention to the relevant statutory framework that will assist readers in knowing and...

Inherent job requirements: Differentiation not discrimination

by GilesFiles | Aug 18, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Evidence & onus, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Special pleas, 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,...

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, 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), Evidence & onus, Insights, Interpretation etc, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Mining, MPN Nkutha-Nkontwana, Orders, Parties, Pay differentials, Private enterprises, Re-grading, Resolving disputes (LRL 3), 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,...

Status demotion examined: Only compensation awarded

by GilesFiles | Jun 22, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capability, Costs, Courts, Disciplinary action, EEA4 s27, EEA9 Levels s21, Evidence & onus, Finance, Impossible or illegal, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Poor performance, Practices (LRL 9), Re-grading, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Seven occupational levels, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Applicable job grading: Job weight range overlap

by GilesFiles | Jun 2, 2021 | 2020 onwards, AF Internal equity external parity, Causes and defences, Collective Bargain (LRL 5), Courts, Declaratory, EEA 7 Factors, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Government, Insights, Interpretation etc, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Pay progression, Provincial, Refused, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics, 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,...

Wage disparity dispute: Free and fair competition?

by GilesFiles | May 14, 2021 | 2020 onwards, AF Internal equity external parity, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), CCMA & BC, Collective Bargain (LRL 5), Conduct & capability, Courts, Declaratory, Dennis Davis, Disallowed, EEA4 s27, EEA9 Levels s21, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Markets in SA, Objective - correctness, Orders, Parties, Pay progression, Poor performance, Protectable interests, Reforms required, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Topics, Trade unions, Transport & communication, Trust & confidence, Work Science Institute | 0 |

Golden Arrow Bus Service (Pty) Ltd v SARPBC (Trade Unions) The dispute indirectly dealt with unfair discrimination and a wage disparity of about 59% in the same occupational level but there was insufficient evidence placed...

Psychologist grade translation: Relevant experience?

by GilesFiles | Jan 18, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective Bargain (LRL 5), Contractual breach, Courts, Declaratory, EEA4 s27, EEA9 Levels s21, Government, H Rabkin-Naicker, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Pay progression, Performance, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics, 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,...

Wage disparity alleged: Narrow compass interpretation?

by GilesFiles | May 7, 2020 | 2020 onwards, AF Internal equity external parity, Appeals, Causes and defences, Courts, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Roland Sutherland, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, 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,...

Rewarding longer service: Rational pay differentiation

by GilesFiles | Feb 2, 2020 | AF Internal equity external parity, Applications, CCMA awards, CCMA members, Courts, EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Insights, Job evaluation, Judges, Labour Relations, Legal Practice, Parties, Pay progression, Resolving disputes (LRL 3), Sectors, Topics, Trade unions, Transport & communication, Work Science Institute | 0 |

Amcu v Wozani Berg Gasoline An experienced commissioner pondered about the difficulty faced by senior management when faced with rewarding longer service. ‘If the finding was that the differential between the wages of the...

Performance bonus reduced: Annual loss of R55 billion

by GilesFiles | Jan 20, 2020 | Applications, CCMA awards, CCMA members, Conduct & capability, Courts, Declaratory, EEA4 s27, Evidence & onus, Insights, Job evaluation, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Operational reasons, Orders, Parties, Pay progression, Poor performance, Practices (LRL 9), Resolving disputes (LRL 3), Risks, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Wage differentials demands: Right or interest dispute?

by GilesFiles | Apr 25, 2019 | 2019, AF Internal equity external parity, Collective Bargain (LRL 5), Connie Prinsloo, Courts, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Parties, Pay progression, Power plays (LRL 6), Resolving disputes (LRL 3), Sectors, Seven occupational levels, Statutes (LRL 2)-work, Strike s68 unprotected, 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,...

Category: EEA4 s27