Can a successor comparator be used in an equal pay claim under Section 6(4) of the EEA?

One of the purposes of the Employment Equity Act 55 of 1998 ('EEA') is to achieve equity in the workplace by promoting fair treatment and equal opportunity through eliminating unfair discrimination (section 2(a) of the EEA). Section 5 of the EEA obliges every employer to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment practice or policy. Section 6(1) of the EEA then prohibits unfair discrimination against employees on a number of grounds which includes an arbitrary ground. Van Niekerk et al state that sections 5 and 6 of the EEA contain a generally expressed obligation to promote equality through the elimination of unfair discrimination as well as the prohibition of unfair discrimination on a list of specified and other grounds (Van Niekerk et al Law@work (2023) 131). Du Toit et al state that the EEA proscribes unfair discrimination as part of its wider purpose of promoting employment equity (Du Toit et al Labour Relations Law: A Comprehensive Guide (2023) 766).- please remove 'et al' and list all the authors.

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Publication Details

Journal
De Jure
Published
2024-11-05
DOI
https://doi.org/10.17159/2225-7160/2024/v57a12
Primary Topic
Taxation and Legal Issues
Type
article
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article

Can a successor comparator be used in an equal pay claim under Section 6(4) of the EEA?

Shamier Ebrahim
De Jure
Taxation and Legal Issues
article

Can a successor comparator be used in an equal pay claim under Section 6(4) of the EEA?

Shamier Ebrahim
article en

Abstract

One of the purposes of the Employment Equity Act 55 of 1998 ('EEA') is to achieve equity in the workplace by promoting fair treatment and equal opportunity through eliminating unfair discrimination (section 2(a) of the EEA). Section 5 of the EEA obliges every employer to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment practice or policy. Section 6(1) of the EEA then prohibits unfair discrimination against employees on a number of grounds which includes an arbitrary ground. Van Niekerk et al state that sections 5 and 6 of the EEA contain a generally expressed obligation to promote equality through the elimination of unfair discrimination as well as the prohibition of unfair discrimination on a list of specified and other grounds (Van Niekerk et al Law@work (2023) 131). Du Toit et al state that the EEA proscribes unfair discrimination as part of its wider purpose of promoting employment equity (Du Toit et al Labour Relations Law: A Comprehensive Guide (2023) 766).- please remove 'et al' and list all the authors.

De JureVol. 57(1)
University of South Africa (ZA)
Reduced inequalities
Openalex Percentile: Top 67%
Taxation and Legal Issues
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