Category: EEA Chpt II ss 5-11

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

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Assessing mental health: Context of constructive dismissal

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Fair pay differentiation: Discrimination not proved

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Corporate visa denied: Language training for SA citizens

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Sexual harassment principles: Employer liability considered

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Employer harassment liability: Coupled with suspension

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Rigid exclusion policy: Discrimination against white males

Magistrates Commission v Lawrence SCA decided that the rigid exclusion policy adopted when considering persons for appointment as magistrates was totally unacceptable and amounted to discrimination. “There ought to have...

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Sexual harassment policy: Essential protection mechanism

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Gender discrimination rejected: EEA evidence and scope

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Employer moved goalposts: Unfair promotion practice

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Provoked assault considered: Fair reason to dismiss

Nampak Products (Pty) Ltd t/a Megapak v CCMA The labour court reviewed and set aside the award after it considered a provoked assault and after being satisfied that the arbitrator¬†“could not reasonably have concluded that...

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Harassment claim rejected: Evidential onus considered

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