Abstract
The South African Constitution promotes equality in the workplace. Since the early 1990s, the Republic has endeavoured to combat discrimination based on race, gender, sex, sexual orientation, age, and disability at internal levels. This research study delves into a comparative analysis of unfair discrimination based on equal pay for work of equal value. The principle focuses on eradicating a specific type of workplace discrimination, which is wage disparities, based on any grounds listed in section 6(4) of the Employment Equity Act. This act, a powerful tool for promoting workplace equity, states that a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in sub-section (1) is unfair discrimination. This provision was introduced in August 2015, accompanied by a Code of Good Practice and the Employment Equity Regulations. In this study, pay equity is a comprehensive concept. It distinguishes between two essential ideas being ‘equal pay for equal work’ and ‘equal pay for work of equal value.’ The 'equal pay for equal work' principle is anchored in gender equity, suggesting that women and men engaged in substantially similar work within the same context should receive comparable wages.
On the other hand, 'equal pay for work of equal value' affirms that if a woman is working in a traditionally female role, her work is equally valuable as that of men in a male-dominated environment. Therefore, men and women should receive similar compensation, even if their job responsibilities differ. This wage discrepancy primarily arises from the historical undervaluation of women's work relative to that of men. The Act however prohibits unfair discrimination concerning equal pay for work of equal value, leading to the argument that South Africa may require further legislation to address unequal pay for work of equal value effectively.