Question: We have a case with the employer on unfair discrimination- remuneration, we have presented a solid evidences to the employer during the internal grievance process to prove that the current salary structure was designed to discriminate against black people .This employer still practices policies and conducts that were a norm during the apartheid era,they even appoint black people to higher position and pay them less than a white people who are 3 grades below them, this is done to push their equity stats up, after a the internal grievance process was exhausted,the employer gave green light to go and seek external intervention. Our bargaining council does not handle such cases,it referred us to ccma,we then referred the matter to it and the employer was informed and signed the necessary documents .We now seek guidelines of presenting our case to the ccma Your advice will be highly appreciated.

Answer: Any matter referred to the CCMA wanting a favourable outcome must ensure all evidence is valid and strong. In your case you will have to provide proof of different salaries for black & white employee performing the same job functions , black staff at higher grades receiving less remuneration than white staff at lower grades. Basically any proof relating to your grievances. You cannot merely say “we know its like that”.

Attempt to start compiling evidence such a copies of payslips, witness statements and such.

Another route available to you is to lodge a complaint with the Dept.of Labour as they will also assist as they receive all company equity reports. Inform them that you believe there are irregularities contained in the company submissions.

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