- Title
- Equal pay for work of equal value
- Creator
- Leo, Aloshea Doreen
- Subject
- Equal pay for equal work -- Law and Legislation -- South Africa
- Subject
- Pay equity -- South Africa Labor laws and legislation -- South Africa
- Date Issued
- 2019
- Date
- 2019
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/40445
- Identifier
- vital:36166
- Description
- Since the end of the Apartheid Regime, various labour legislation has been enacted over the years to eliminate discrimination and grant everyone in South Africa the right to fair labour practices, including the prohibition of unfair payment practices in terms of item 2(1)(a) of Schedule 7 of the Labour Relations Act.1 The above item was repealed and replaced with an express provision strictly prohibiting unfair discrimination in any employment practice or policy.2 However, even though this express provision strictly prohibited unfair discrimination in employment, the International Labour Organisation criticised South Africa for the failure to include an express provision dealing specifically with equal remuneration in terms of the Employment Equity Act.3 Because of this criticism, sections 6(4) and (5)4 were introduced. Section 6(4) amendments were obviously not been successful as intended, as numerous employees still are facing unfair discrimination based on the wages. Looking at Case law in the United Kingdom, there are clearly principles and successes that South Africa can learn from and incorporate in South African labour law. Some successes include the proactivity of employers who identify groups of employees, which are performing work that is of equal value, comparing their salaries, and by investigating and removing pay gap causes. Another success is the use of reports of independent experts who can assess the value of different occupations. If South Africa does this, it will alleviate the pressure placed upon courts that do not have the necessary expertise to decide on the value.
- Format
- iii, 52 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
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | ALOSHEA DOREEN LEO.pdf | 682 KB | Adobe Acrobat PDF | View Details Download |