Remuneration – 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...

Reinstatement and backpay: Must tender services

by GilesFiles | Nov 16, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contempt, Contractual breach, Courts, Declaratory, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Metro, Orders, Parties, Refused, Reinstatement, Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, 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,...

Contractual damages claim: Disgorging secret profit

by GilesFiles | Aug 30, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Finance, GN Moshoana, HC Uniform, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Policies - all, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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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,...

Earnings include commission: BCEA s6(3) rw s73A

by GilesFiles | Jul 26, 2022 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, 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: 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 |

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Plant-level bargaining: Wage demands ultra vires

by GilesFiles | Jun 14, 2022 | 2020 onwards, André van Niekerk, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Exceptions/special pleas, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Organisations (LRL 4), Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Determining remuneration package: NMWA and commission

by GilesFiles | Mar 15, 2022 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Policies - all, Private enterprises, Regulations, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Minister’s unfair conduct: Exceeding authority and powers

by GilesFiles | Feb 18, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, CCMA Rules-old, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Finance, GN Moshoana, Impossibility or illegality, Insights, Interpretation etc, Joinder, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Policies - all, Practices (LRL 9), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Special pleas, Specific performance, State Owned Enterprises, 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,...

Cost to company remuneration: Alleged pay discrimination

by GilesFiles | Oct 21, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Central, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, erroneously sought, Exceptions/special pleas, Government, Insights, Interpretation etc, 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, Practices (LRL 9), Review tests, Sectors, Sidumo - see also awards s 145, Special pleas, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Performance incentive bonus: Salary or benefit?

by GilesFiles | May 31, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Constructive: 186(1)(e), Contractual breach, Courts, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Objective - correctness, Resignations, Review tests, Special pleas, Statutes (LRL 2)-work, 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,...

Tag: Remuneration