GilesFiles Insights

On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.

Appealing restraint order: Unacceptable grounds

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Applicable job grading: Job weight range overlap

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Social origin differentiation: Objective assessment

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Wage disparity dispute: Free and fair competition?

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 before the LAC "to evaluate the merits of...

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Cultural diversity considered: Policy and training?

According to press reports (LegalBrief and News24) there was an incident in a Mall where Ndebele activists were required to leave a Mall for being 'inappropriately' dressed. Issues and questions: Employer's vicarious liability for the actions of Mall manager....

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Project based work: No absolute right to work

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned  that the applicant may well have been similarly qualified and enjoyed similar experience to another...

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Affirmative action measures: Employment equity plan?

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Psychologist grade translation: Relevant experience?

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Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a party thereto and without having any...

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