The Employment Equity Amendment Bill B14B – 2020: Innovating towards Equity or Kicking the Can down the Road?

by | Jan 13, 2024 | ILJ, ILJ V44 I1

The Employment Equity Amendment Bill B14B – 2020: Innovating towards Equity or Kicking the Can down the Road?

Author Debbie Collier

ISSN: 2413-9874
Affiliations: Professor of Law, Centre for Transformative Regulation of Work, University of the Western Cape
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 1 – 27
https://doi.org/10.47348/ILJ/v44/i1a1

Abstract

The Employment Equity Amendment Bill introduces significant changes to the regulatory framework for affirmative action by, among other amendments, shifting the responsibility for determining employment equity targets from workplace to sectoral level. It also operationalises s 53 of the Employment Equity Act (EEA) and employers will need a certificate of compliance from the Minister confirming compliance with the EEA, including the sector targets, before being permitted to contract with the state.
Notwithstanding merit in the idea of a sectoral (contextual) approach to affirmative action and the value of incentivising compliance, considered in terms of its provisions and omissions the Bill is found wanting. The EEA is a fundamental tool in the struggle against workplace discrimination and systemic inequality — crucial for transformation — but the design of the Bill suggests a high-handed and partisan approach and a missed opportunity to adjust course and affirm and implement international human rights law and principles. However, this is a qualified and incomplete assessment, as the sectoral numerical targets have yet to be published, and it remains to be seen whether these, and the associated framework, will reflect a more nuanced and context sensitive approach to the design and implementation of affirmative action measures than currently anticipated. That would be a most welcome development.

Towards the Practical Realisation of the Concept of Equal Pay for Equal Work in Ghana: Some Comparative Lessons from South Africa and the United Kingdom

by | Jan 13, 2024 | ILJ, ILJ V44 I1

Towards the Practical Realisation of the Concept of Equal Pay for Equal Work in Ghana: Some Comparative Lessons from South Africa and the United Kingdom

Authors Theophilus Edwin Coleman & Letlhokwa George Mpedi

ISSN: 2413-9874
Affiliations: Postdoctoral Research Fellow, Centre for International and Comparative Labour and Social Security Law, Faculty of Law, University of Johannesburg, South Africa; Research Associate, Research Centre for Private International Law in Emerging Countries, Faculty of Law, University of Johannesburg, South Africa; Professor of Labour and Social Security Law and Vice-Chancellor and Principal (Designate), University of Johannesburg, South Africa
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 28 – 50
https://doi.org/10.47348/ILJ/v44/i1a2

Abstract

The Constitution of Ghana and the Labour Act provide that all workers in Ghana are entitled to equal pay/remuneration for equal work. The practical realisation of equal pay for equal work is also a global goal embodied in key international instruments. Notwithstanding this, the meaning and scope of the concept have proven somewhat difficult to understand. Some countries have promulgated legislation and statutory guidelines to provide clarity. In Ghana, the operational aspects of the concept have not yet been fully explored. In addition, Ghanaian courts have not been approached to pronounce on its scope. While the government of Ghana has introduced some wage determination structures to give effect to the concept, unfortunately these apply only to public-sector workers. This article seeks to advance arguments on the practical realisation of equal pay for equal work or work of equal value in the Constitution and Labour Act. It discusses the meaning of the concept under international law. It also draws some legislative and judicial lessons from the legal position in South Africa and the United Kingdom on the various approaches to equal pay claims. The article suggests that Ghana take legislative steps to provide clarity and a comprehensive framework to govern the various aspects of equal pay for equal work and work of equal value.

Access to the Labour Courts in Israel during the Covid-19 Crisis

by | Jan 13, 2024 | ILJ, ILJ V44 I1

Access to the Labour Courts in Israel during the Covid-19 Crisis

Authors Lilach Lurie & Reut Shemer Begas

ISSN: 2413-9874
Affiliations: Senior Lecturer, Department of Labour Studies, Tel Aviv University; Registrar, Tel Aviv Labour Court
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 51 – 70
https://doi.org/10.47348/ILJ/v44/i1a3

Abstract

The article examines access to the labour courts in Israel during the Covid-19 pandemic, focusing on the first year of the crisis. It shows that the labour courts managed to deliver the same number of judgments and decisions in 2020 as they did in previous years. In order to keep open during the crisis and to enable access to justice the courts made use of three main tools: (a) technological tools, (b) awarding precedence to the most important and urgent proceedings, and (c) social distancing regulations.

Notes: Strikingly Inappropriate — National Union of Metalworkers of South Africa obo Aubrey Dhludhlu & others v Marley Pipe Systems (SA) (Pty) Ltd [2022] ZACC 30; (2022) 43 ILJ 2269 (CC)

by | Jan 13, 2024 | ILJ, ILJ V44 I1

Notes: Strikingly Inappropriate — National Union of Metalworkers of South Africa obo Aubrey Dhludhlu & others v Marley Pipe Systems (SA) (Pty) Ltd [2022] ZACC 30; (2022) 43 ILJ 2269 (CC)

Author Martin Brassey SC

ISSN: 2413-9874
Affiliations: Member of the South African Bar; Visiting Professor, University of Cape Town
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 71 – 82
https://doi.org/10.47348/ILJ/v44/i1a4

Abstract

In this note, I criticise the approach taken by the Constitutional Court in concluding that the employer acted unfairly in dismissing workers who took part in a march that culminated in a brutal attack on a senior manager. If the court had considered the facts in their totality, it could have been expected to find that the employees had committed acts of misconduct serious enough to warrant dismissal. Instead, it believed it could look no further than the ‘charge’, one of assault, that had been levelled by the employer. Examining the facts through the lens of a doctrine (common purpose) that is peculiar to criminal law, the court controversially concluded that no complicity in the offence could be inferred.

Notes: High Heels in the Workplace — A Health Hazard or a Symbol of Femininity? Observations on Appearance Regulation in Mofokeng v CCMA & Others 2022 ZALCJHB 169; (2022) 43 ILJ 2531 (LC)

by | Jan 13, 2024 | ILJ V44 I1

Notes: High Heels in the Workplace — A Health Hazard or a Symbol of Femininity? Observations on Appearance Regulation in Mofokeng v CCMA & Others 2022 ZALCJHB 169; (2022) 43 ILJ 2531 (LC)

Authors Aisha Adam & Debbie Collier

ISSN: 2413-9874
Affiliations: PhD Candidate, Faculty of Law, University of Cape Town; Professor of Law, Centre for Transformative Regulation of Work, University of the Western Cape
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 82 – 92
https://doi.org/10.47348/ILJ/v44/i1a5

Abstract

The case note considers the extent to which employers may regulate the appearance of employees and observes, as affirmed in the case, that appearance regulation is a matter of mutual interest; an employee’s freedom of expression exercised within the limits of the law may protect the employee from allegations of insubordination; context is of importance in determining the reasonableness of such regulation; and an inherent requirement of the job is a defence for the employer, but should be interpreted in a narrow manner. The article concludes by emphasising the potential for appearance regulation to constitute an abuse of power: hence such regulation must be legitimate and reasonable.

COVID-19 Mandatory Vaccinations in the Workplace: A Developing Jurisprudence

by | May 25, 2023 | ILJ, ILJ V43 I4

COVID-19 Mandatory Vaccinations in the Workplace: A Developing Jurisprudence

Authors Jeremy Phillips, Amogelang Makuwa & Shamima Gaibie

ISSN: 2413-9874
Affiliations: Candidate Attorney, Cheadle Thompson & Haysom Inc (CTH); Senior Associate, CTH; Senior Director, CTH
Source: Industrial Law Journal, Volume 43 Issue 4, 2022, p. 2163 – 2188

Abstract

The COVID-19 pandemic has left an indelible mark on the world. No facet of society has been left unscathed, including the law. Prevailing medical opinion is that the best way to protect against COVID-19 in the future is through mass population vaccination. As a result, employers the world over are having to make the difficult decision whether to implement a mandatory COVID-19 vaccination policy for employees. However, in South Africa there has been no definitive pronouncement on the lawfulness of such a policy, and how it may be enforced. Instead, the Labour Court, the Commission for Conciliation, Mediation and Arbitration (CCMA) and bargaining councils have been left to grapple with the question in a piecemeal fashion as each new case is referred. This article seeks to survey pre-existing precedent and the various judgments and awards delivered thus far on mandatory vaccination to determine the legality of a COVID-19 vaccination mandate and how it may be lawfully enforced in the workplace.