Question
Nancy has been working in the accounting department of a large publishing firm for nearly 10 years. Whenever the Head of Department took leave she
Nancy has been working in the accounting department of a large publishing firm for nearly 10 years. Whenever the Head of Department took leave she acted in his place. When the Head of Department retired she applied for his vacant position. She was interviewed for the post but someone else was appointed. She discovered that this person is the CEO's nephew and that he has a lower academic qualification then Nancy and fewer years' experience. i) Advise Nancy as to the relevant sections in i) the Labour Relations Act (LRA) and ii) The Employment Equity Act (EEA) on which she could base a claim.
ii) Advise Nancy as to the possible defences the employer could raise in each case
iii) Advise Nancy as to what the applicable remedies would be in each case
iv) Advise Nancy as to what the dispute resolution procedures would be in each case. v) Explain the onus of proof in each case.
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