SACCAWU v Lawson (J1529/22)
SACCAWU v Lawson (J1529/22) [2024] ZALCJHB 448 (12 November 2024)
The Labour Court found that the differentiation in Sunday pay rates among various categories of employees at Pick & Pay was the result of collective bargaining, legislative provisions, and operational requirements, not unfair discrimination under the Employment Equity Act. The evidence did not establish that the differentiation was based on gender, family responsibility, or any arbitrary ground analogous to the listed grounds in section 6(1) of the EEA. Statistical analysis showed no disproportionate impact on women or those with family responsibilities. The Commissioner correctly found that…
Source excerpt
- Employment Equity Act
- Unfair Discrimination
- Pay Differentials
- Collective Bargaining
- Prescription
- Work Of Equal Value