Towards the Practical Realisation of the Concept of Equal Pay for Equal Work in Ghana: Some Comparative Lessons from South Africa and the United Kingdom

by | Jan 13, 2024 | ILJ, ILJ V44 I1

Towards the Practical Realisation of the Concept of Equal Pay for Equal Work in Ghana: Some Comparative Lessons from South Africa and the United Kingdom

Authors Theophilus Edwin Coleman & Letlhokwa George Mpedi

ISSN: 2413-9874
Affiliations: Postdoctoral Research Fellow, Centre for International and Comparative Labour and Social Security Law, Faculty of Law, University of Johannesburg, South Africa; Research Associate, Research Centre for Private International Law in Emerging Countries, Faculty of Law, University of Johannesburg, South Africa; Professor of Labour and Social Security Law and Vice-Chancellor and Principal (Designate), University of Johannesburg, South Africa
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 28 – 50
https://doi.org/10.47348/ILJ/v44/i1a2

Abstract

The Constitution of Ghana and the Labour Act provide that all workers in Ghana are entitled to equal pay/remuneration for equal work. The practical realisation of equal pay for equal work is also a global goal embodied in key international instruments. Notwithstanding this, the meaning and scope of the concept have proven somewhat difficult to understand. Some countries have promulgated legislation and statutory guidelines to provide clarity. In Ghana, the operational aspects of the concept have not yet been fully explored. In addition, Ghanaian courts have not been approached to pronounce on its scope. While the government of Ghana has introduced some wage determination structures to give effect to the concept, unfortunately these apply only to public-sector workers. This article seeks to advance arguments on the practical realisation of equal pay for equal work or work of equal value in the Constitution and Labour Act. It discusses the meaning of the concept under international law. It also draws some legislative and judicial lessons from the legal position in South Africa and the United Kingdom on the various approaches to equal pay claims. The article suggests that Ghana take legislative steps to provide clarity and a comprehensive framework to govern the various aspects of equal pay for equal work and work of equal value.

Access to the Labour Courts in Israel during the Covid-19 Crisis

by | Jan 13, 2024 | ILJ, ILJ V44 I1

Access to the Labour Courts in Israel during the Covid-19 Crisis

Authors Lilach Lurie & Reut Shemer Begas

ISSN: 2413-9874
Affiliations: Senior Lecturer, Department of Labour Studies, Tel Aviv University; Registrar, Tel Aviv Labour Court
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 51 – 70
https://doi.org/10.47348/ILJ/v44/i1a3

Abstract

The article examines access to the labour courts in Israel during the Covid-19 pandemic, focusing on the first year of the crisis. It shows that the labour courts managed to deliver the same number of judgments and decisions in 2020 as they did in previous years. In order to keep open during the crisis and to enable access to justice the courts made use of three main tools: (a) technological tools, (b) awarding precedence to the most important and urgent proceedings, and (c) social distancing regulations.

Notes: Strikingly Inappropriate — National Union of Metalworkers of South Africa obo Aubrey Dhludhlu & others v Marley Pipe Systems (SA) (Pty) Ltd [2022] ZACC 30; (2022) 43 ILJ 2269 (CC)

by | Jan 13, 2024 | ILJ, ILJ V44 I1

Notes: Strikingly Inappropriate — National Union of Metalworkers of South Africa obo Aubrey Dhludhlu & others v Marley Pipe Systems (SA) (Pty) Ltd [2022] ZACC 30; (2022) 43 ILJ 2269 (CC)

Author Martin Brassey SC

ISSN: 2413-9874
Affiliations: Member of the South African Bar; Visiting Professor, University of Cape Town
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 71 – 82
https://doi.org/10.47348/ILJ/v44/i1a4

Abstract

In this note, I criticise the approach taken by the Constitutional Court in concluding that the employer acted unfairly in dismissing workers who took part in a march that culminated in a brutal attack on a senior manager. If the court had considered the facts in their totality, it could have been expected to find that the employees had committed acts of misconduct serious enough to warrant dismissal. Instead, it believed it could look no further than the ‘charge’, one of assault, that had been levelled by the employer. Examining the facts through the lens of a doctrine (common purpose) that is peculiar to criminal law, the court controversially concluded that no complicity in the offence could be inferred.

Notes: High Heels in the Workplace — A Health Hazard or a Symbol of Femininity? Observations on Appearance Regulation in Mofokeng v CCMA & Others 2022 ZALCJHB 169; (2022) 43 ILJ 2531 (LC)

by | Jan 13, 2024 | ILJ V44 I1

Notes: High Heels in the Workplace — A Health Hazard or a Symbol of Femininity? Observations on Appearance Regulation in Mofokeng v CCMA & Others 2022 ZALCJHB 169; (2022) 43 ILJ 2531 (LC)

Authors Aisha Adam & Debbie Collier

ISSN: 2413-9874
Affiliations: PhD Candidate, Faculty of Law, University of Cape Town; Professor of Law, Centre for Transformative Regulation of Work, University of the Western Cape
Source: Industrial Law Journal, Volume 44 Issue 1, 2023, p. 82 – 92
https://doi.org/10.47348/ILJ/v44/i1a5

Abstract

The case note considers the extent to which employers may regulate the appearance of employees and observes, as affirmed in the case, that appearance regulation is a matter of mutual interest; an employee’s freedom of expression exercised within the limits of the law may protect the employee from allegations of insubordination; context is of importance in determining the reasonableness of such regulation; and an inherent requirement of the job is a defence for the employer, but should be interpreted in a narrow manner. The article concludes by emphasising the potential for appearance regulation to constitute an abuse of power: hence such regulation must be legitimate and reasonable.

The inadequacy of copyright-related provisions in economic partnership agreements between the European Union and the African, Caribbean and Pacific regional groups from an educational perspective

by | Jan 13, 2024 | SAIPLJ, SAIPLJ 2023

The inadequacy of copyright-related provisions in economic partnership agreements between the European Union and the African, Caribbean and Pacific regional groups from an educational perspective

Author James David

ISSN: 2521-2591
Affiliations: Candidate attorney at Moore Attorneys Incorporated
Source: South African Intellectual Property Law Journal, 2023, p. 1 – 15
https://doi.org/10.47348/SAIPL/v11/a1

Abstract

In 2000, the European Union (EU) undertook to enter into economic partnership agreements (EPAs) with the African, Caribbean and Pacific (ACP) regional groups with the intention of promoting development by implementing tariff-free trade structures with ACP states. A number of these agreements, once entered into, contained provisions regarding intellectual property rights and technology transfer. However, the provisions in these agreements regarding intellectual property protection and enforcement appeared to oblige contracting states to follow the directives as espoused in pre-existing intellectual property agreements. This contribution argues that those agreements do not adequately address educational concerns in developing ACP states, and that, if the EU is concerned about the long-term development of ACP states and regional groups, it should take adequate steps to facilitate knowledge transfer on an equitable basis through copyright mechanisms.