GilesFiles Insights

Disproportional Pay Differentials: EEA unconstitutional provisions?

by GilesFiles | Jun 22, 2026 | AB1 - Fairness principle or concept, AU - ChatGPT, Insights

Disproportional Pay Differentials: Prohibition in the Employment Equity Act and Thoughts on The Evidentiary Burden The Employment Equity Act (“EEA”) requires South African designated employers to extend their commitment towards fair remuneration practices beyond the...

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

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, email us and we’ll arrange to give you...

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

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, email us and we’ll arrange to give you...

Gross procedural unfairness: Substantively unfair as well?

by GilesFiles | Mar 31, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Contractual breach, Costs, Courts, GN Moshoana, ILO Convention 158/1982, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics

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, email us and we’ll arrange to give you...

Ratio decidendi concept: Binding legal principle

by GilesFiles | Mar 18, 2026 | AB - Law generally, AG - Legal research, AU - ChatGPT, Insights

How does the concept of ratio decidendi apply in South Africa? Great question — and yes, the spelling is ratio decidendi (Latin: “the reason for the decision”). Let’s unpack how ratio decidendi operates specifically in South African law, especially in the...

Zero-tolerance alcohol policy: Reasonable band test

by GilesFiles | Feb 10, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, MR Makhura, Orders, Parties, Personal services, Policies - all, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void, Warnings

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, email us and we’ll arrange to give you...

Capacity-related reasons: ILO Convention applied

by GilesFiles | Feb 5, 2026 | 2020 onwards, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, GN Moshoana, Illness & injury, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics

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, email us and we’ll arrange to give you...

Affirmative action in employment: Comparative Justifications

by GilesFiles | Jan 13, 2026 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights

Comparative Justifications for Affirmative/Positive Action in Employment South Africa – Malaysia – India – United States – European Union Dimension South Africa Malaysia India United States European Union Historical Trigger Apartheid’s legally enforced racial...

Affirmative action in practice: Comparative Perspectives

by GilesFiles | Jan 13, 2026 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights

Affirmative action in practice: Comparative Perspectives South Africa’s model sits between India and the EU: more robust and group-conscious than European “positive action,” but more constitutionally restrained than India’s reservation system. Malaysia stands apart as...