LLW2601
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: 13 SEPTEMBER 2024
, LLW2601
Assignment 2 Semester 2 2024
Unique Number:
Due Date: 13 September 2024
Individual Labour Law
Vatiswa is in a challenging situation where she feels she is being treated unfairly at
work. Despite working for six months as a filing clerk on behalf of Tseba Taba Tsago
Professionals (TTP), she recently found out that she earns less than other filing clerks
directly employed by McDonald-Kentucky Corporation (MKC). Additionally, she has not
received an annual bonus that MKC employees have, even though she performs the
same tasks.
1. Equal Pay for Equal Work
One of the main issues Vatiswa is facing is the fact that she is paid less than MKC
employees for doing the same job. Under South African law, particularly the
Employment Equity Act (No. 55 of 1998), the principle of "equal pay for equal work" is
an important protection. This law prohibits unfair discrimination in employment, which
includes discrimination in pay. Since Vatiswa performs the same duties as MKC
employees but is being paid less, there is a clear possibility that this principle has been
violated.
It's worth mentioning that unequal pay isn't allowed unless there is a justifiable reason
for the difference in salaries, such as experience, qualifications, or performance. If none
of these factors apply in Vatiswa’s case, she may have grounds to challenge this
situation.
2. Nature of Employment and TTP’s Role