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Record W1536826666 · doi:10.17159/obiter.v27i3.14358

SECTION 60 OF THE EMPLOYMENT EQUITY ACT 1998: WILL A COMPARATIVE APPROACH SHAKE THIS JOKER OUT OF THE PACK?

2022· article· en· W1536826666 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueObiter · 2022
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCorporate Law and Human Rights
Canadian institutionsnot available
Fundersnot available
KeywordsHarassmentJurisprudenceSection (typography)Equity (law)Context (archaeology)Meaning (existential)Labour lawLawSociologyLiabilityCommon lawPolitical scienceLaw and economicsBusinessPsychologyHistoryAdvertising

Abstract

fetched live from OpenAlex

Section 60 of the Employment Equity Act 1998 provides for the liability of an employer to an employee suffering from discriminatory conduct by another employee. Section 60 also provides two defences that can be raised by the employer in such circumstances. In this article the circumstances under which an employer can be held liable in terms of section 60 are explored. More particularly, the meaning of the requirement that the discriminatory conduct must relate to an employment policy or practice is considered. The possible meaning of harassment in the workplace is also reflected upon with reference to developments and jurisprudence in the context of sexual harassment. The nature and content of the defences available in terms of section 60 are analysed with reference to comparative jurisprudence in Britain, Australia, Canada and the United States of America. In view of this, reservations are expressed about the correctness of the judgment of the Labour Court in SATAWU obo Finca v Old Mutual Life Insurance Company (SA) Limited and Burger.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.436
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.001
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.062
GPT teacher head0.258
Teacher spread0.195 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it