Equality at Work with the Focus on Unequal Pay for Work of Equal Value

Abstract

The South African labour force is undeniably complex and not easy to deal with. Issues such as historical injustices and inequality are still prevalent in many South African communities. The same is true in the various workplaces of the South African economy however, South African workers are fortunate because legislation has been enacted to ensure that there is equality and fairness in the workplace regarding compensation of workers. The Constitution guards against unequal and unfair treatment of workers by their employers in the workplace. Section 23(1) of the Constitution of the Republic of South Africa, 1996 (hereinafter “the Constitution”) states that everyone has a right to fair labour practices. These fair labour practices include fair and equal pay for work of equal value. This study will attempt to address the issue of equal pay for work of equal value done by employees who are employed by the same employer within the South African labour market. Legislation such as the Employment Equity Act, 1 (hereinafter “the EEA”), provides the grounds for unfair discrimination.2 Section 6(4) of the EEA provides that it is unfair discrimination when workers are paid differently yet they are doing work of the same equal value.3 Section 11 of the EEA on the other hand provides for who bears the burden of proof wherein there is a claim of unfair discrimination in the workplace by an employer. In terms of the above legislation and the Constitution, case law and journal articles, this study will expand on this discussion. The study will address the issue of whether it is justified for employers to pay employees doing the same work or work of equal value differently.