Arbitrary grounds Archives

Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, ABB - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Costs, Courts, Declaratory, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Proving harassment or discrimination: Onus not discharged

by GilesFiles | Nov 8, 2024 | 2020 onwards, Anton Piller, Bill of Rights, Causes and defences, Central, Courts, Declaratory, 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, LC Rules-old, Legal Practice, Legislation, MZN Lallie, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Vicarious liability | 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,...

Assessing criminal record: Inherent job requirements

by GilesFiles | Apr 11, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Urgency | 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,...

Changes in organisational structure: Differentiation not discrimination

by GilesFiles | Sep 12, 2023 | AB - Law generally, AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Hospitality, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Relations, Legal Practice, Legislation, Management, Orders, Parties, Pay differentials, Pay progression, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

NP v Ezemvelo KZN Wildlife Do changes in organisational structure present management with opportunity to ensure compliance with equal pay for work of equal value? “[14] Applicant is bound by the characterisation of the...

Unequal pay determined: Arbitrary grounds

by GilesFiles | Apr 18, 2023 | AF - Internal equity external parity, Applications, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capability, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Inherent requirements, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Operational reasons, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Provincial, Resolving disputes (LRL 3), Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

MH v Department of Education – Eastern Cape When will unequal pay be determined as grossly unfair and discriminatory base simply on arbitrary grounds of background and education? “[27] The discriminatory conduct, given the...

Discriminatory pay claim: Misguided – costs awarded

by GilesFiles | Dec 1, 2022 | 2020 onwards, ABB - Fairness principle or concept, André van Niekerk, Applications, Causes and defences, Costs, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, 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,...

Inherent job requirements: Service length arbitrary?

by GilesFiles | Aug 22, 2022 | 2020 onwards, AF - Internal equity external parity, Allowed, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, CCMA Rules-old, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, False assumptions, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v Fawu Why is the binding ILO Convention 111 seemingly ignored when considering defence of inherent job requirements in context of discrimination? “[24] Accordingly, the...

Constitutional equality right: Proof of discrimination?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, ILO Convention 111/1958, ILO Conventions, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Personal services, Policies - all, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings | 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,...

Fair pay differentiation: Discrimination not proved

by GilesFiles | Feb 21, 2022 | 2020 onwards, AF - Internal equity external parity, Applications, Central, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

Mogopodi v Dept Agriculture, Rural Development, Land and Environmental Affairs Does length of service justify fair pay differentiation even if no extra value is added by such an employee? It seems that the labour court is...

Protecting indigenous languages: Unjustified limitation (2)?

by GilesFiles | Sep 22, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, SA Majiedt, Sectors, Special pleas, State organs, Thought Leaders, Topics, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Protecting indigenous languages: Unjustified limitation (1)?

by GilesFiles | Sep 22, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, SA Majiedt, Sectors, Special pleas, State organs, Thought Leaders, Topics, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Gender discrimination rejected: EEA evidence scope

by GilesFiles | Sep 20, 2021 | 2020 onwards, Appeals, Appeals - leave, Central, Costs, Courts, Dennis Davis, Disallowed, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Tag: Arbitrary grounds