Article 48/2024

What is the test to be applied when unfair discrimination is alleged on a listed ground in terms of s6(1) of the EEA?

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  • The answer to the above entails the test as set out in s11(1) of the EEA.
  • Step 1 entails that the employer must identify the specific listed ground and, if the employee fails to do so, the matter does not proceed to step 2.
  • Step 2 entails the employer discharging the onus on it to prove, on a balance of probabilities:
    • that the discrimination, as alleged, did not take place, or
    • if the discrimination did take place, that same is rational and not unfair or otherwise justifiable
    • if the employer discharges this onus, then the claim is dismissed for being bad in law – on the other hand, if the onus is not discharged, unfair discrimination on the listed ground has been established
November 25, 2024

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

November 25, 2024

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

November 25, 2024

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?