The ground of discrimination in equal pay for work of equal value disputes
- Authors: Coetzee, Mandy Nadine
- Date: 2020
- Subjects: Equal pay for equal work -- Law and Legislation -- South Africa , Pay equity -- South Africa Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/48971 , vital:41569
- Description: The Employment Equity Act places a positive obligation on employers to promote workplaces free from unfair discrimination. This obligation is reinforced by section 6 of the Employment Equity Act, commonly referred to as the prohibition clause. The 2014 amendments to the Employment Equity Act specifically introduced provisions relating to Equal Pay for Work of Equal Value which prior to 2014, had no specific provisions to guide employees and employers in relation to claims of discrimination, relating to remuneration and terms and conditions of employment. As such employees had to rely directly on section 6(1) to bring such claims which presented significant problems and challenges with the onus. The second key amendment for our purposes relates to the inclusion of the arbitrary ground under section 6(1) as a ground on which discrimination is also prohibited. In addition to the insertion and specific inclusion into law, the burden of proof in section 11 was also amended and must be read with the prohibition clause. It is this aspect which now confronts us with challenges and divergent approaches by the Courts and the development of the broad versus narrow approach in dealing with the ground of discrimination.
- Full Text:
- Date Issued: 2020
- Authors: Coetzee, Mandy Nadine
- Date: 2020
- Subjects: Equal pay for equal work -- Law and Legislation -- South Africa , Pay equity -- South Africa Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/48971 , vital:41569
- Description: The Employment Equity Act places a positive obligation on employers to promote workplaces free from unfair discrimination. This obligation is reinforced by section 6 of the Employment Equity Act, commonly referred to as the prohibition clause. The 2014 amendments to the Employment Equity Act specifically introduced provisions relating to Equal Pay for Work of Equal Value which prior to 2014, had no specific provisions to guide employees and employers in relation to claims of discrimination, relating to remuneration and terms and conditions of employment. As such employees had to rely directly on section 6(1) to bring such claims which presented significant problems and challenges with the onus. The second key amendment for our purposes relates to the inclusion of the arbitrary ground under section 6(1) as a ground on which discrimination is also prohibited. In addition to the insertion and specific inclusion into law, the burden of proof in section 11 was also amended and must be read with the prohibition clause. It is this aspect which now confronts us with challenges and divergent approaches by the Courts and the development of the broad versus narrow approach in dealing with the ground of discrimination.
- Full Text:
- Date Issued: 2020
Equal pay for work of equal value
- Authors: Leo, Aloshea Doreen
- Date: 2019
- Subjects: Equal pay for equal work -- Law and Legislation -- South Africa , Pay equity -- South Africa Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/40445 , 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.
- Full Text:
- Date Issued: 2019
- Authors: Leo, Aloshea Doreen
- Date: 2019
- Subjects: Equal pay for equal work -- Law and Legislation -- South Africa , Pay equity -- South Africa Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/40445 , 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.
- Full Text:
- Date Issued: 2019
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