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

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.