Question: Match each statement with the option that most reflects it. In addition to identifying a comparator, a claimant who lodges a claim for equal pay
Match each statement with the option that most reflects it.
In addition to identifying a comparator, a claimant who lodges a claim for equal pay for work that is the same or substantially the same is also expected to: | Answer 1Choose...Dlamini and Toyota SA Manufacturing (2004) 25 ILJ 1513 (CCMA)Gumede and Crimson Clover 17 (Pty) Ltd t/a Island Hotel (2017) 38 ILJ 702 (CCMA)Preventive suspensionMinister of Finance & another v Van Heerden 2004 (6) SA 121 (CC)Department of Correctional Services v Police & Prisons Civil Rights Union (2011) 32 ILJ 2629 (LAC)Establish that the value of the jobs being performed by the comparator and claimant is equal.Fourie v Provincial Commissioner of the SA Police Service (North West Province) & another (2004) 25 ILJ 1716 (LC)Mediterranean Woolen Mills (Pty) Ltd v SACTWU (1998) 19 ILJ 731 (LAC)Apollo Tyres South Africa (Pty) Ltd v CCMA & others [2013] 5 BLLR 434 (LAC)Punitive suspensionShow that the work being performed by the person thus identified as a comparator is the same as or is similar to the work performed by the claimantEstablish that the work done by the comparator is significantly dissimilar to that of the claimantPrecursory suspension |
An affirmative action measure will have been designed in a rational manner if it inter alia focuses its impact on categories of people previously disadvantaged by unfair discrimination and has the overall effect of promoting the achievement of equality. | Answer 2Choose...Dlamini and Toyota SA Manufacturing (2004) 25 ILJ 1513 (CCMA)Gumede and Crimson Clover 17 (Pty) Ltd t/a Island Hotel (2017) 38 ILJ 702 (CCMA)Preventive suspensionMinister of Finance & another v Van Heerden 2004 (6) SA 121 (CC)Department of Correctional Services v Police & Prisons Civil Rights Union (2011) 32 ILJ 2629 (LAC)Establish that the value of the jobs being performed by the comparator and claimant is equal.Fourie v Provincial Commissioner of the SA Police Service (North West Province) & another (2004) 25 ILJ 1716 (LC)Mediterranean Woolen Mills (Pty) Ltd v SACTWU (1998) 19 ILJ 731 (LAC)Apollo Tyres South Africa (Pty) Ltd v CCMA & others [2013] 5 BLLR 434 (LAC)Punitive suspensionShow that the work being performed by the person thus identified as a comparator is the same as or is similar to the work performed by the claimantEstablish that the work done by the comparator is significantly dissimilar to that of the claimantPrecursory suspension |
Labour courts and tribunals are not agencies that may be used by employers to identify and recruit the most suitable candidate. It is only in circumstances whereby the employer acts in a grossly unfair or unreasonable manner that courts will interfere with their decisions. | Answer 3Choose...Dlamini and Toyota SA Manufacturing (2004) 25 ILJ 1513 (CCMA)Gumede and Crimson Clover 17 (Pty) Ltd t/a Island Hotel (2017) 38 ILJ 702 (CCMA)Preventive suspensionMinister of Finance & another v Van Heerden 2004 (6) SA 121 (CC)Department of Correctional Services v Police & Prisons Civil Rights Union (2011) 32 ILJ 2629 (LAC)Establish that the value of the jobs being performed by the comparator and claimant is equal.Fourie v Provincial Commissioner of the SA Police Service (North West Province) & another (2004) 25 ILJ 1716 (LC)Mediterranean Woolen Mills (Pty) Ltd v SACTWU (1998) 19 ILJ 731 (LAC)Apollo Tyres South Africa (Pty) Ltd v CCMA & others [2013] 5 BLLR 434 (LAC)Punitive suspensionShow that the work being performed by the person thus identified as a comparator is the same as or is similar to the work performed by the claimantEstablish that the work done by the comparator is significantly dissimilar to that of the claimantPrecursory suspension |
Benefits can arise from a variety of sources including the employer's policy or practice and subject to the employer's discretion, created by a court or included in the contract of employment. | Answer 4Choose...Dlamini and Toyota SA Manufacturing (2004) 25 ILJ 1513 (CCMA)Gumede and Crimson Clover 17 (Pty) Ltd t/a Island Hotel (2017) 38 ILJ 702 (CCMA)Preventive suspensionMinister of Finance & another v Van Heerden 2004 (6) SA 121 (CC)Department of Correctional Services v Police & Prisons Civil Rights Union (2011) 32 ILJ 2629 (LAC)Establish that the value of the jobs being performed by the comparator and claimant is equal.Fourie v Provincial Commissioner of the SA Police Service (North West Province) & another (2004) 25 ILJ 1716 (LC)Mediterranean Woolen Mills (Pty) Ltd v SACTWU (1998) 19 ILJ 731 (LAC)Apollo Tyres South Africa (Pty) Ltd v CCMA & others [2013] 5 BLLR 434 (LAC)Punitive suspensionShow that the work being performed by the person thus identified as a comparator is the same as or is similar to the work performed by the claimantEstablish that the work done by the comparator is significantly dissimilar to that of the claimantPrecursory suspension |
An employee must be paid during the period of their suspension unless they agree not to be paid during suspension, or a law or collective agreement authorises such non-payment. | Answer 5Choose...Dlamini and Toyota SA Manufacturing (2004) 25 ILJ 1513 (CCMA)Gumede and Crimson Clover 17 (Pty) Ltd t/a Island Hotel (2017) 38 ILJ 702 (CCMA)Preventive suspensionMinister of Finance & another v Van Heerden 2004 (6) SA 121 (CC)Department of Correctional Services v Police & Prisons Civil Rights Union (2011) 32 ILJ 2629 (LAC)Establish that the value of the jobs being performed by the comparator and claimant is equal.Fourie v Provincial Commissioner of the SA Police Service (North West Province) & another (2004) 25 ILJ 1716 (LC)Mediterranean Woolen Mills (Pty) Ltd v SACTWU (1998) 19 ILJ 731 (LAC)Apollo Tyres South Africa (Pty) Ltd v CCMA & others [2013] 5 BLLR 434 (LAC)Punitive suspensionShow that the work being performed by the person thus identified as a comparator is the same as or is similar to the work performed by the claimantEstablish that the work done by the comparator is significantly dissimilar to that of the claimantPrecursory suspension |
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