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.
