A examine into South African pay discrimination case legislation, carried out by Stellenbosch Business School, has decided that “equal pay for equal work” rhetoric and anti-discrimination laws has not had the specified impact.
This is regardless of the 2021 World Economic Forum Global Gender Gap Report rating South Africa 18th out of 156 nations by way of having progressive anti-discrimination legislation.
Professor Anita Bosch, Women at Work analysis chair at Stellenbosch Business School, says that between the passing of the Employment Equity Act in 1998 and 2020 solely 26 pay discrimination claims have been lodged on the Commission for Conciliation, Mediation and Arbitration (CCMA) or labour courts.
She notes that of the 26, solely three instances have been dominated within the worker’s favour.
“Our analysis confirmed {that a} subtle authorized framework doesn’t essentially translate to equality or elimination of discrimination in apply.
“The legislation needs to be backed up by support mechanisms that enable employees to give effect to their rights,” says Bosch.
She provides that almost all staff did not show {that a} distinction in pay amounted to unfair discrimination on grounds prohibited by legislation, which embody race and gender.
Conversely, employers typically succeeded in proving ‘fair’ pay discrimination on legally permitted grounds – together with {qualifications}, size of service and work efficiency.
Perpetuating the ability imbalance
The examine signifies that instances additionally fail as a result of staff wrestle to determine fellow colleagues whose work and pay their very own will be measured towards, in the end stopping them from evaluating the equal worth of their work.
To additional dampen staff’ instances, the examine signifies that they’re hampered by a lack of awareness of the legislation, the sources to make use of skilled authorized groups, and entry to inner firm data on pay grades and job evaluations.
“The burden of proof on the complainant to provide the evidence and facts for the court to make a proper assessment perpetuates the power imbalance between the employer and employees,” says Bosch.
“Employers are generally in a stronger position to defend their cases by providing a factual foundation for differences in pay to the court.”
Read: South Africa is tightening its guidelines round govt pay, however gaps stay
What to do?
To make the legislation more practical in defending staff’ rights, Bosch says employers ought to present extra transparency on pay insurance policies, grades, and variations in remuneration.
“This would enable employees to decide whether their concerns [have] enough merit to be taken to court as well as compel employers to comply with equal pay laws, reducing the need for court cases.”
Read: Calls for revenue transparency in recruitment adverts
Leana Diedericks, analysis fellow at Stellenbosch Business School, says commerce unions must also guarantee they’ve ample information or have interaction authorized consultants to assist their members and set up benefit.
She says commerce unions might companion with employers to offer training and consciousness on pay variations and the factors for discrimination claims.
“A focus on remuneration education by employers, with the assistance of job evaluation experts, would also go a long way to better informing employees on job evaluations, how pay is determined, and potential discrimination,” says Diedericks.
“Employers could ensure that discrimination is not perpetuated by carefully considering the grounds for pay differentials in their workplaces, including length of service. In this regard, historical inequalities of a structural nature should be carefully considered and addressed.”
Bosch says the implementation of the equal pay precept is each an ethical and human rights concern and that perceptions of pay discrimination result in mistrust and worker disengagement.
“Strengthening of checks and balances in the relationship between employer and employee may result in improved remuneration governance on the part of the employer,” she provides.
Read: Not simply the pay hole – ladies expertise ‘punishment gap’ too
“It is in the interests of both employer and employee to strengthen mechanisms that can avert the perpetration of pay discrimination.”
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Nondumiso Lehutso is a Moneyweb intern.
