Tag archives: employer’s discretion

Affirmative action to be taken to court

By Karen Ainslie (ZA) on May 8, 2013 Posted in Discrimination and harassment, South Africa

This post was contributed by Kate Paterson In July 2013, the trade union Solidarity will take the Department of Correctional Services to the Labour Court in Cape Town for what is anticipated will be a week-long trial of the constitutionality of the Department’s employment equity plan. The plan is for the Department’s employees to be … Continue reading

Refusal of discretionary benefit unfair

By Karen Ainslie (ZA) on April 11, 2013 Posted in South Africa

This post was contributed by Teneille Govender and Kate Paterson In a landmark judgment, the Labour Appeal Court has found a company’s decision not to extend a benefit to an employee in terms of a discretionary policy to be unfair. In terms of the Labour Relations Act withholding a benefit may be an unfair labour … Continue reading