Tag: EEA 27

Employment Equity Act : Annexures EEA4 and EEA9

Employment Equity Act : Annexures EEA4 and EEA9 Explaining why the current occupational levels are flawed Understanding how occupational levels should apply in practice Recommended seven level structure   Levels Performance...

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Disproportionate income differentials: Novel test case

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,...

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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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Reduce wage curve: Avoiding mass dismissals

Avoiding so-called retrenchments These are unprecedented times and senior managers in most companies are facing difficult decisions to ensure the survival of the enterprises. A first reaction may be to ‘contemplate’...

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Rewarding longer service: Rational pay differentiation

Amcu v Wozani Berg Gasoline An experienced commissioner pondered about the difficulty faced by senior management when faced with rewarding longer service. ‘If the finding was that the differential between the wages of the...

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CA Sector Code: Management levels – flawed EEA9

Introduction to draft Sector Code for the accounting profession For many years it has been suggested that EEA9 in the Employment Equity Act (EEA) is a flawed structure because it fails to give proper effect to the elimination of...

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Unscientific job evaluation: Stones disappearing scorpions

Today I happened upon a post in the blog of the Energy Research Centre (ERC) on 5 June 2017 recording with great sadness that Bill Cowan had passed away.   Bill Cowan (right) with colleagues Patrick van Sleight and Gamieda...

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Market related forces: Defence of external parity

Sun International Ltd v Saccawu obo Ramerafe Market related forces or external parity as opposed to internal equity considered and this judgment of the labour court is extremely important because it outlines the proper approach...

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Irrational pay differentials: Unequal pay claim refused

Cwu v SA Post Office SOC LtdIrrational pay differentials but CCMA refused to grant any relief because the union failed to prove that the differentials were based on any prohibited ground and in a sense the union was really...

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Seniority justifying differentials: Valid rational reason?

African Meat Industry & Allied Trade Union / Premier FMCG (Pty) LtdSeniority justifying differentials in pay does not accord with the principles of proportional pay differentials because it completely distorts the...

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Pay differential dispute: Arbiter wrongly prejudged issues

Sasol Chemical Operations (Pty) Ltd v CCMA Pay differential dispute and a good example of why it is necessary to create a framework of seven decision-making or occupational levels in any enterprise and to ensure that within each...

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