Tag: differentiation

Rational differential treatment: Not arbitrary nor discriminatory

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,...

Read More

Newly appointed employees: Differentiation not discrimination

Newly appointed employees do not have the right to demand the same remuneration as longer serving employees.  See also Du Toit et al Labour Relations Law: A Comprehensive Guide 6th ed (LexisNexis, 2015) particularly at pages...

Read More

Differentiation: When does it become discrimination

M v Johannesburg Metropolitan Bus Services (Pty) Ltd (JS661/12) [2015] ZALCJHB 400 (13 November 2015) per Everett AJ. Slowly but surely the Labour Court is giving effect to ILO Convention 111 that we ratified many years ago. ...

Read More

Equality: Priests and inherent church requirements

D v Presiding Bishop of the Methodist Church of Southern Africa CCT 223/14 – to be argued in the Constitutional Court on 28 August 2015 – [media summary edited to protect personal privacy] “The following explanatory note...

Read More

Selection process: Equity plan justified differentiation

Solidarity obo Labuschagne v South African Revenue Services (JS 732/11) [2015] ZALCJHB 151; (14 May 2015) per Molahlehi J. The Labour Court refused to grant the application alleging that the employee was unfairly discriminated...

Read More

Differentiation justified: Law firm’s conduct

Mbana v Shepstone & Wylie (CCT85/14) [2015] ZACC 11 ; [2015] 6 BCLR 693 ;(2015) ILJ 1805 (7 May 2015) per the Court. The Court refused an application for leave to appeal against an order of the Labour Court.  In 2005 the...

Read More

Religion: arbitration and disciplinary issues

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,...

Read More

Inherent job requirements: Police sergeants

The Labour Appeal Court delivered an interesting judgment last week after hearing argument in October 2013 concerning alleged discrimination and unfair labour practices relating to promotion.    Some of the issues in the matter...

Read More
Loading