EEA4 s27 Archives - GilesFiles

Employment Equity Act: Annexures EEA4 and EEA9

by GilesFiles | Apr 27, 2025 | AA - Resources generally, AH05 - EEA, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Insights, Labour Relations | 0 |

Employment Equity Act: Annexures EEA4 and EEA9 Are the latest levels flawed and even unconstitutional? Occupational levels and performance standards: Understanding how occupational levels apply in practice 1 Setting the Big...

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, 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), 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 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, 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,...

Disproportionate income differentials: Novel test case

by GilesFiles | May 14, 2024 | 2020 onwards, AB - Law generally, AF - Internal equity external parity, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Mining, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Seven occupational levels, Statutes (LRL 2)-work, Statutory, 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,...

Disproportionate pay differential: Bonus payment differed?

by GilesFiles | Feb 22, 2024 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Courts, Declaratory, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Evidence & onus, Government, H Rabkin-Naicker, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Managerial prerogative, Orders, Parties, Pay differentials, Provincial, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, 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,...

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, 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 and grading, 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, 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, AF - Internal equity external parity, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capacity, Costs, Courts, Disciplinary action, EEA4 s27, EEA9 Levels s21, Evidence & onus, Finance, Impossibility or illegality, Insights, Job evaluation and grading, 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, Performance, Practices (LRL 9), 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 Bargaining (LRL 5), Condonation, Courts, Declaratory, EEA 7 Factors, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Pay progression, Provincial, Refused, 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 Bargaining (LRL 5), Conduct & capacity, 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, Performance, Protectable interests, Reforms required, 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...

Category: EEA4 s27