Tag: Darcy du Toit

Bipolar contractual model: Vulnerable Uber drivers

Uber v Aslam Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. (“UBV”) & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum...

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Proportional pay differentials: Frameworks and compliance

“When the Employment Equity Act was being negotiated in 1997, a most unusual provision was inserted at the insistence of the trade union side.  This became section 27 of the EEA, which states that every designated employer must...

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Rational differential treatment: Not arbitrary nor discriminatory

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Changing employment terms: Considered and applied

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Contractual validity: When writing embodies a contract

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Biowatch principle: excludes frivolous vexatious litigation

 Essence The High Court was actively misled to grant an interim order and the party lowered its ethical and professional standards in pursuit of a cause and cannot invoke the Biowatch principle to escape liability for...

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Pregnant mineworkers: Non-discriminatory policy applied

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Dismissal reason: Operational requirements or incapacity

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Differentiated workload: Or geographical location?

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Prove true reason: Obligation of management

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