Obligations of an employer to a transgender employee

by | Oct 5, 2019 | ILJ, ILJ V38 I4

Obligations of an employer to a transgender employee

Authors Lindani Mkhwanazi, Alan Rycroft

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

Abstract

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.

Reflections on transformative pension adjudication

by | Oct 5, 2019 | ILJ, ILJ V38 I4

Reflections on transformative pension adjudication

Authors Mtendeweka Mhango, Ntombizozuko Dyani-Mhango

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

Abstract

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.

Note: Putting Edcon in context on leading evidence on the breakdown in the trust relationship: Impala Platinum Ltd v Jansen & others (2017) 38 ILJ 896 (LAC)

by | Oct 5, 2019 | ILJ, ILJ V38 I3

Note: Putting Edcon in context on leading evidence on the breakdown in the trust relationship: Impala Platinum Ltd v Jansen & others (2017) 38 ILJ 896 (LAC)

Authors CJ Tchawouo Mbiada

ISSN: 2413-9874
Affiliations: Researcher, Labour Appeal Court
Source: Industrial Law Journal, Volume 38 Issue 3, 2017, p. 1535 – 1540

Abstract

None

Note: Transformation and the duty of care concerning people with disabilities in the workplace: An analysis of Smith v Kit Kat Group (Pty) Ltd (2017) 38 ILJ 483 (LC)

by | Oct 5, 2019 | ILJ V38 I3

Note: Transformation and the duty of care concerning people with disabilities in the workplace: An analysis of Smith v Kit Kat Group (Pty) Ltd (2017) 38 ILJ 483 (LC)

Authors Lindani Nxumalo

ISSN: 2413-9874
Affiliations: Attorney
Source: Industrial Law Journal, Volume 38 Issue 3, 2017, p. 1523 – 1535

Abstract

None