EEA Regulations Archives

Suspension of statutory powers: Interdictory relief inappropriate

by GilesFiles | Aug 28, 2025 | 2020 onwards, AH05 - EEA, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Regulations, Employ Equity (LRL 12), Free and fair, GN Moshoana, Government, High Court, High Court judges, ILO Convention 111/1958, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Markets in SA, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 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), Equal pay and value, 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 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Pay progression, 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,...

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), Equal pay and value, 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...

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, Equal outcomes, Equal pay and value, Exceptions/special pleas, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, 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,...

Discriminatory pay progression: PAJA relief

by GilesFiles | Feb 28, 2019 | 2019, Anton Steenkamp, Courts, Differentiation not discrimination, EEA 1998, EEA Chpt II ss 5-11, EEA Regulations, Judges, Labour Court, Labour Court judges, Legal Practice, PAJA 2000, Pay progression, philosophy / economics, 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,...

Pleading pay discrimination: More than mere differentiation

by GilesFiles | Feb 8, 2018 | 2018, AF - Internal equity external parity, Applications, Causes and defences, Courts, Discrimination (LRL 11), Edwin Tlhotlhalemaje, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, General, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Pleadings: amending, Sectors, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

 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...

Employment equity plans: Rational and constitutional

by GilesFiles | Aug 23, 2017 | AF - Internal equity external parity, AH05 - EEA, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Legislation, Reforms required, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

So 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...

Value-exchange: Pay for making challenging decisions

by GilesFiles | Jul 24, 2017 | AF - Internal equity external parity, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, FAQ, Insights, Labour Relations, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

When 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...

Entry-level and minimum wage: Not the same

by GilesFiles | Aug 25, 2016 | AF - Internal equity external parity, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Statutes (LRL 2)-work, Topics, Work Science Institute | 1 |

By law all employers are expected to create a framework for each enterprise unit based on seven occupational levels (see EEA9). But there should also be three ‘internal’ grades within each level. So it is possible for...

Internal equity external parity: Policies and practices

by GilesFiles | Feb 8, 2016 | AF - Internal equity external parity, Discrimination (LRL 11), EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Legal Practice, Management, Organisations (LRL 4), Pay progression, Performance, philosophy / economics, Policies - all, Reforms required, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, 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,...

Seven occupational levels: Early study by Melvin Koln

by GilesFiles | Jan 19, 2016 | AA - Resources generally, AF - Internal equity external parity, EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, 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,...

Occupational levels: Flawed 2015 CEE report

by GilesFiles | Jul 24, 2015 | AF - Internal equity external parity, Discrimination (LRL 11), EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, philosophy / economics, Reforms required, Seven occupational levels, Thought Leaders, 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,...

Category: EEA Regulations