Unfair and discriminatory: The practice of unequal pay needs to end

Before I start, a big thank you to everyone for their positive comments after last week’s column. However, I need to extend an apology to Trevor Manuel. In the column, I mentioned that there was only one occasion during the early days where MPs nearly came to blows in parliament. I mentioned that Trevor was in there somewhere. Trevor has reminded me that it wasn’t him, but two other MPs. My bad. Memories get a bit fuzzy after almost three decades, but I should have checked. I have apologized to Trevor privately, but also want to acknowledge and correct my error here. Sorry, Trevor!

Now to this week’s column… SONA has been analysed to death, so I’m not going to do so. However, something caught my attention during the speech.

The President talked about the need for employers to do away with the “previous experience” requirement for first entrants to the labour market.

Not for the first time, he correctly pointed out that this requirement makes it almost impossible for especially previously disadvantaged youth to enter the job market.  

This was of particular interest to me, since I recently met an extremely impressive man, who has for the last few years campaigned for the banning of another discriminatory employment practice.  

A few years ago, Phathuxolo Maqavana discovered, by chance, that he was earning R4000 per month less than his white counterpart. When he approached his employers, they originally claimed that his white colleague had more skills and qualifications.

Phathu wasn’t convinced and took the matter further. During arbitration, his employers made a sudden U-turn and justified the differentiation on the basis of his white colleague’s previous salary. In other words, they said his counterpart’s previous job paid more than Phathu’s did.

It is common practice for employers to not state the salary scale in advertisements for vacancies. Or, if they do, it is often a wide salary bracket. In his research, Phathu became aware that many employers ask for salary slips from the current employer before making a final offer (as they did in his case).  

Salaries are then determined not based on skills or qualifications or even the job requirements, but on what the candidate was paid previously.

The problem with this practice is that it traps people in a perpetual cycle of lesser payment even though they do similar work. This is particularly true for women and previously disadvantaged people. It is also especially problematic for people moving from the rural areas (where salaries are usually lower) to the city (where living costs and thus salaries are higher).  

Before speaking to Phathu, I heard an interview he did on 702 with Africa Melane. During the interview, numerous people called in with similar stories.

Clearly, this was not an isolated case.  

Phathu has been lobbying for legislation to prohibit this practice. He points out that many countries around the world have legislation preventing employers from demanding information about previous salaries. Up till now, he’s received a few sympathetic ears in government, but no action.

He has even convinced a group of high-profile lawyers to assist in the drafting of a private member’s bill in the hope that he can convince a member of parliament to champion this cause.

This seems like such a simple issue for the government to address. It is no use paying lip service to equal pay for all when an employer is allowed to pay two employees working in the same position differently based on historical pay.

Especially not in a country like ours where there is a historical legacy of paying African people, women in general and African women in particular, less than their white male counterparts.

I really hope that the President and/or Minister Thulas Nxesi will read this and get in touch with Phathu. Not only does he deserve some real credit for the effort he has put in over years to ban discrimination in the marketplace, but his suggestions (which can easily be implemented) could actually make a real difference in the battle for equal pay.  

(Phathu Maqavana can be reached via his website: paymefairly.org)