‘Equal Pay for work of equal value’: Unfair discrimination within the South African workplace – A comparative study

Abstract

The Employment Equity Act 55 of 1998 (EEA) was amended by the Employment Equity Amendment Act 47 of 2013 (EEAA), which, amongst others, introduced sections 6(4) and 6(5) into the Act. Sections 6(4) and 6(5) of the EEAA was enacted to broaden the prohibition of unfair discrimination in the workplace and strengthen enforcement mechanisms. The amended EEA recognises inequalities in employment, occupation, and income within the labour market. This study will focus on the principle of equal pay for work of equal value as incorporated in the EEA as part of anti-discrimination law in South Africa amongst others. It will consider the employers’ obligations under equal pay of work of equal value and how section 6(4) claims might give rise to a claim of unfair discrimination for purposes of the EEA. In considering the impact gender wage discrimination has in South Africa and globally, the focus of the research will analyse the complexity of the principle of equal pay for work of equal value and the provision thereof in the EEA. In doing so, the application of the principle of equal pay for work of equal value in the jurisdictions of Australia and India will be considered.