ISSN: 2413-9874
Affiliations: PhD candidate (University of KwaZulu-Natal)
Source: Industrial Law Journal, Volume 38 Issue 4, 2017, p. 2226 – 2240
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ISSN: 2413-9874
Affiliations: Partner, Cowan-Harper Attorneys; Research Fellow, Department of Mercantile Law, University of the Free State
Source: Industrial Law Journal, Volume 38 Issue 4, 2017, p. 2217 – 2225
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ISSN: 2413-9874
Affiliations: Research Officer, Institute of Development and Labour Law, University of Cape Town; Professor of Commercial Law, Faculty of Law, University of Cape Town
Source: Industrial Law Journal, Volume 38 Issue 4, 2017, p. 2201 – 2216
This article considers workplace discrimination against a minority group — transgender employees — and explores fair employer responses in a range of situations: in the recruitment process, in harassment, in disability claims, and the more specific issue of whether an employer’s failure to provide separate toilet facilities for transgender employees amounts to unfair discrimination. The article details the legal history that led to the current developments and how the courts have dealt with transgender and transsexual discrimination in the workplace.
ISSN: 2413-9874
Affiliations: Adjunct Professor, Nelson Mandela School of Law, University of Fort Hare; Associate Professor, School of Law, University of the Witwatersrand
Source: Industrial Law Journal, Volume 38 Issue 4, 2017, p. 2173 – 2200
This article examines the concept of transformative adjudication and whether the judiciary and the pensions fund adjudicator have engaged in such adjudication in relation to the jurisdictional challenges faced by the pension funds adjudicator. Whereas legislative amendment of the Pension Funds Act has been the traditional means used to solve the major jurisdictional problems faced by the adjudicator, we argue that through transformative adjudication South Africa can overcome these jurisdictional difficulties. We highlight a few decisions that are progressive and others that are regressive in advancing transformation. We observe that there is an emerging pension jurisprudence that has had a positive practical effect in broadly constructing the adjudicator’s jurisdiction thereby helping to transform South Africa’s pension funds industry. We argue that the adjudicator has an obligation to expand on this jurisprudential trend.