employment equity

Discrimination dispute not conciliated: Jurisdiction lacking?

by GilesFiles | Oct 30, 2026 | 2020 onwards, Associations/corporates, Cause of action defined, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resignations, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), 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,...

Alleged discrimination and unlawfulness: Unfair conduct?

by GilesFiles | Sep 30, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, 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,...

Discrimination on arbitrary ground: Absolution granted

by GilesFiles | Aug 13, 2026 | 2020 onwards, Absolution, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, MR Makhura, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Geographical location discrimination: Award wrong in law

by GilesFiles | Aug 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Bill of Rights, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Age discrimination confirmed: Waiver not possible

by GilesFiles | Jun 18, 2026 | 2020 onwards, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Direct and indirect discrimination, EEA Chpt II ss 5-11, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, MZN Lallie, Orders, Parties, Resolving disputes (LRL 3), Retirement, Rules Codes & Manual, Sectors, Severance pay, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Age discrimination confirmed: Substantial claim awarded

by GilesFiles | Jun 18, 2026 | 2020 onwards, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Compensation or damages, Costs, Costs awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Retirement, Sectors, Severance pay, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Recognised arbitrary ground: Qualifications?

by GilesFiles | May 18, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Exceptions/special pleas, False assumptions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Pay differentials, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Arbitrary grounds discrimination: Absolution granted

by GilesFiles | May 18, 2026 | 2020 onwards, AH02a - LC rules current, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, MR Makhura, Objective - correctness, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Operational requirements dismissal: Unfair substance & procedure?

by GilesFiles | May 15, 2026 | 2020 onwards, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 194, LRA 1995, Mining, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics | 0 |

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Granting leave to amend: Restricted to certain issues

by GilesFiles | May 4, 2026 | 2020 onwards, Applications, Banks, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Invalid discriminatory grounds: Arbitrary ground of exploitation?

by GilesFiles | Apr 16, 2026 | 2020 onwards, Absolution, Applications, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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Applying for separation: Alleged race discrimination

by GilesFiles | Feb 24, 2026 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Category: Employ Equity (LRL 12)