- Title
- The concept of equal pay for equal work
- Creator
- Dorfling, Jennifer Tracey
- Subject
- Equal pay for equal work -- South Africa
- Subject
- Labor laws and legislation -- South Africa Pay equity -- South Africa
- Date Issued
- 2018
- Date
- 2018
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/22005
- Identifier
- vital:29811
- Description
- The elimination of pay discrimination and the introduction of equal remuneration has been advocated internationally since the early 1950s by conventions set out by the International Labour Organisation (ILO). The aim of the International Labour Organisation is to improve working conditions universally, remove discrimination based on gender and establish fair rates of remuneration. In South Africa, regulations were promulgated on 1 August 2014 based on the conventions set out in the ILO, in the newly-amended Employment Equity Act. The amendment to section 6(4) of the Employment Equity Act states that a difference in the conditions between employees employed by the same employer, performing the same or substantially the same work or work of equal value based on any one or more grounds of unfair discrimination listed in subsection (6)1, is unfair discrimination. The introduction of this amendment, therefore, brought about an improved legal framework for employees to bring forth unequal remuneration claims. The doctrine of equal pay for equal work is nuanced owing to the lack of understanding, widespread forms of discrimination as well as interpretation of the law. This is experienced internationally and across many jurisdictions. The jurisdictions focused on in this study include the United States of America, the United Kingdom, India and Australia. The comparative study reviews the current equal pay for equal work law in these jurisdictions, and could prove to be useful guidelines to assist with the expansion of the doctrine within the South African legal context. Pioneer Foods (Pty) Ltd v Workers Against Regression (WAR) and Others was the first case brought forth to the Commission for Conciliation, Mediation and Arbitration since the amendment to the Employment Equity Act. A comprehensive analysis of this case has been set out in the treatise. Finally, the treatise concludes with inadequacies in the current legal framework, recommendations to resolve these inadequacies, the future of equal pay for equal work and proposes practical key learnings for human resources practitioners.
- Format
- vi, 86 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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NMU Department of Mercantile Law
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