2018
DOI: 10.17159/1727-3781/2018/v21i0a1367
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Reviewing the suitability of affirmative action and the inherent requirements of the job as grounds of justification to equal pay claims in terms of the Employment Equity Act 55 of 1998

Abstract: The purpose of this article is to analyse the grounds of justification to pay discrimination as contained in South African law, the Conventions and Materials of the International Labour Organisation and the equal pay laws of the United Kingdom. Lastly, an analysis will be undertaken to determine whether affirmative action and the inherent requirements of the job provide justifications proper to equal pay claims.

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Cited by 5 publications
(3 citation statements)
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“…The discourse contains the idea of abolishing the EEA 55 of 1998 on a specific future date, which will give organisations the freedom to implement EE and AA voluntarily (Rautenbach, 2015) and to involve the entire workforce in this transformational initiative (Ebrahim, 2018). The facts of stereotyping racial groups and misunderstandings about EE intentions emphasise the need to address the socio-historical context in any related communication strategy (Leonard & Grobler, 2006;Louw, 2015b).…”
Section: Employment Equity In South Africamentioning
confidence: 99%
See 1 more Smart Citation
“…The discourse contains the idea of abolishing the EEA 55 of 1998 on a specific future date, which will give organisations the freedom to implement EE and AA voluntarily (Rautenbach, 2015) and to involve the entire workforce in this transformational initiative (Ebrahim, 2018). The facts of stereotyping racial groups and misunderstandings about EE intentions emphasise the need to address the socio-historical context in any related communication strategy (Leonard & Grobler, 2006;Louw, 2015b).…”
Section: Employment Equity In South Africamentioning
confidence: 99%
“…One of the major strategic objectives is to ensure that organisations actively participate in eradicating discriminatory policies and practices that have been transferred from the past societal system (Van der Westhuizen, 2015). These policies and practices require active transformation to reflect the new democratic dispensation principles that are based on recognition and implementation of individual human rights in mind and practice (Ebrahim, 2018).…”
Section: Introductionmentioning
confidence: 99%
“…The amendments to the Employment Equity Act, Employment Equity Amendment Act (EEAA) 47 of 2013, are in line with the International Labour Organization (ILO). The International Labour Organization (ILO) helps governments and employers formulate programs and policies that provide improved working conditions and decent employment at national and international levels (Ebrahim, 2018). The ILO put in place the 'decent work' concept, which has four pillars, namely, equal representation, workers' rights, employment opportunities, and social protection.…”
Section: Introductionmentioning
confidence: 99%