Equal work for equal pay first came into the labour area in 2013 with the amendments to the Employment Equity Act (hereafter "EEA"). Section 6(1) of the EEA states that: "No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, [...]
Who bears the onus of proof in discrimination matters relating to equal pay for work of equal value where discrimination is alleged on an arbitrary ground?
An employee or group of employees have the right to approach the CCMA and lodge an unfair discrimination dispute relating to equal pay for work of equal value. This discrimination may be alleged on a listed ground which is set out in the Employment Equity Act (as amended), such as race or religion. It may, [...]