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Unlisted grounds of discrimination

http://www.saflii.org/za/cases/ZALCCT/2016/14.pdf WebJan 30, 2012 · The South African Constitution states that everyone is equal before the law and outlaws both direct and indirect discrimination. The Constitution also requires …

Naidoo and Others v Parliament of the Republic of South Africa (C8…

WebApr 26, 2024 · “the crux of the test for unfair discrimination is the impairment of human dignity and adversely affecting the comparable similar manner and not the classification … Webdiscrimination” in terms of section 11(2)(b), the complainant must identify the listed or unlisted arbitrary ground of discrimination relied upon; establish that that ground is an “other arbitrary ground”; and prove that that ground is the reason for the disparate treatment complained of. As this Court observed in motor one direction https://segnicreativi.com

Discrimination on “arbitrary grounds”. What does this mean?

WebApr 10, 2024 · The applicants’ case was that there are now three categories of grounds that could be relied on for a claim of unfair discrimination namely, (1) listed grounds (those set out in s6(1) of the EEA); (2) unlisted/analogous grounds; and (3) arbitrary grounds. WebChapter 5 part 2 The grounds of discrimination Differentiation becomes discrimination if the differentiation is linked to a listed or unlisted/arbitrary ground. - Based on a listed ground: … http://www.saflii.org/za/cases/ZALCCT/2024/39.pdf motor one insurance trinidad

Is there an onus to prove an impairment of dignity in …

Category:Sketching out the shades of discrimination laws: Colourism in …

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Unlisted grounds of discrimination

What is unfair discrimination on an ‘arbitrary ground’? - Labour Portal

http://www.saflii.org/za/cases/ZALCJHB/2024/484.pdf WebSection 187 (1) (f) provides that discriminatory dismissals based on grounds similar to those listed in s6 of the EEAA are automatically unfair. The section also refers to the term …

Unlisted grounds of discrimination

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WebDiscrimination – equal pay dispute –alleged discrimination on unlisted ground – principles considered and discussed . Discrimination – differentiation – mere differentiation does not constitute discrimination – what constitutes impermissible differentiation considered – WebApr 10, 2024 · In another case, "arbitrary ground" in s187(1)(f) was considered by the court to have the same meaning as an unlisted ground in the equality clause of the Constitution …

WebThe Employment Equity Amendment Act, No 47 of 2013 (EEAA) has introduced an amendment to s6 of the Employment Equity Act, No 55 of 1998 (EEA) – the listed grounds … WebThe Code prohibits discrimination on several grounds related to race. These include mainly the grounds of colour, ethnic origin, ancestry, place of origin, citizenship and creed …

Webinvolves determining whether the discrimination is unfair. If the discrimination is based on any of the listed grounds in section 9 of the Constitution, it is presumed to be unfair. It … WebAn objective test must be applied to ascertain whether differentiation is based on a listed or unlisted ground. Only once discrimination is found to exist can it be established whether or not the discrimination was unfair. S6(1) of the Amendment Act has specifically included “Any other arbitrary ground” on which one can discriminate.

WebSep 9, 2014 · The Employment Equity Amendment Act, No 47 of 2013 (EEAA) has introduced an amendment to s6 of the Employment Equity Act, No 55 of 1998 (EEA) – the listed …

motor one hydroWebSep 1, 2024 · The amended s 11(2)(a), which an employee must prove in the case of alleged unfair discrimination on an unlisted ground, seems to imply that the alleged unfair … motor one hydro protectionWebMay 7, 2024 · Section 6 of the Employment Equity Act (EEA) prohibits the unfair discrimination against any employee on the grounds listed in subsection 6(1). These … motor one insurance opening hours