- Title
- The ground of discrimination in equal pay for work of equal value disputes
- Creator
- Coetzee, Mandy Nadine
- Subject
- Equal pay for equal work -- Law and Legislation -- South Africa
- Subject
- Pay equity -- South Africa Labor laws and legislation -- South Africa
- Date Issued
- 2020
- Date
- 2020
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/48971
- Identifier
- 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.
- Format
- vi, 59 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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Collections
NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Coetzee, M.pdf | 698 KB | Adobe Acrobat PDF | View Details Download |