Employment equity – GilesFiles

Proportional pay differentials: Frameworks and compliance

by GilesFiles | Mar 11, 2023 | AF - Internal equity external parity, EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Chpt VI 53-65, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Markets in SA, Pay differentials, Pay progression, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

“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...

Pay discrimination examined: Excerpts ILO Constitution EEA

by GilesFiles | Mar 10, 2023 | AF - Internal equity external parity, AH - Labour Legislation & Rules, AH05 - EEA, Bill of Rights, Discrimination (LRL 11), EEA 1998, EEA4 s27, Employ Equity (LRL 12), Equal outcomes, Equal pay and value, ILO Convention 111/1958, ILO Conventions, Insights, Labour Relations, Legality principle, Legislation, Management, Pay progression, Policies - all, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

What do managers have to do to comply with their legal obligations to eliminate pay discrimination as examined herein? This contribution draws attention to the relevant statutory framework that will assist readers in knowing and...

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), Equal pay and value, 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, 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...

Same salary adjustments: Cost-of-living increase

by GilesFiles | Aug 18, 2022 | 2020 onwards, AF - Internal equity external parity, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, EEA9 Levels s21, Equal pay and value, F Kathree-Setiloane, Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Pay progression, Policies - all, Practices (LRL 9), Review tests, Sectors, State organs, 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: Differentiation not discrimination

by GilesFiles | Aug 18, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Sectors, Special pleas, 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,...

Salary unlawfully reduced: Absence of consent

by GilesFiles | Aug 16, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Insights, Job evaluation and grading, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

N and N v Mhlontlo Local Municipality How to challenge an unlawfully reduced salary and is application for declaratory relief as opposed to review coupled with an interdict appropriate? ‘[13] The submission that a...

Grade progression model: Evaluating job levels

by GilesFiles | Aug 15, 2022 | 2020 onwards, AF - Internal equity external parity, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Costs, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Government, Insights, Job evaluation and grading, Judges, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Pay progression, Performance, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Seven occupational levels, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trust & confidence | 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,...

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, Constructive: 186(1)(e), Costs, Courts, Declaratory, Delict, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, 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, 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,...

Inherent job requirements: Pay differential rational and fair

by GilesFiles | Jul 6, 2022 | 2020 onwards, AF - Internal equity external parity, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Mining, MPN Nkutha-Nkontwana, Orders, Parties, Pay differentials, Private enterprises, 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,...

Status demotion examined: Only compensation awarded

by GilesFiles | Jun 22, 2022 | 2020 onwards, AF - Internal equity external parity, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capacity, Costs, Courts, Disciplinary action, EEA4 s27, EEA9 Levels s21, Evidence & onus, Exceptions/special pleas, Finance, Impossibility or illegality, Insights, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Performance, Practices (LRL 9), Review tests, Risks, Sectors, Seven occupational levels, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Job grading process: Unprotected strike interdicted

by GilesFiles | Jun 7, 2022 | 2020 onwards, Agriculture, André van Niekerk, Applications, Causes and defences, Collective Bargaining (LRL 5), Confirmed, Costs, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, Granted, Insights, Interdicts & rules, Interpretation etc, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Management, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Rule nisi, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, 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,...

When dispute arises: Single or ongoing events

by GilesFiles | Jun 3, 2022 | 2020 onwards, AF - Internal equity external parity, Applications, Causes and defences, Condonation, Costs, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Municipal, Objective - correctness, Orders, Parties, Pay differentials, Policies - all, Practices (LRL 9), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, 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,...

Tag: Employment equity