Case Law

Case Law

FACULTY OF SOCIAL SCIENCES

DEPARTMENT OF LAW

ASSIGNMENT #2 – EQUAL PAY – THE MAURISSA CASE

REGISTRATION NO: 08/850/0148
COURSE: LEGAL METHODS, RESEARCH AND WRITING (LA 12E)
LECTURER: Marcella Thompson, LLB(Dist), LEC, LLM(Hons)(Cantab)
SUBMISSION DATE: Friday 14th November 2008.

ASSIGNMENT #2 – PROBLEM QUESTION
QUESTION

Maurissa is a trained and certified administrative officer. Since becoming certified five years ago, Maurissa has worked exclusively in the area of her expertise. She is now recognised by industry standards as a professional and senior administrative officer. Maurissa has recently been employed by Conway Industries Incorporated as an administrative officer.

Stephen also is an employee of Conway Industries Incorporated. Stephen joined Conway as a trainee machine operator immediately after leaving high school ten years ago. Although there is training and certification available for machine operators, Stephen has not benefited from either of them. Rather, he has learnt on the job all he knows, and is very proficient in machine operation. By industry standards he is regarded as a skilled, as opposed to expert, trained or certified machine operator.

Maurissa has recently discovered that Stephen is being remunerated considerably better than she is. She is very peeved about this and raises her concern and objection with Conway’s manager. The manager explains that Stephen has been employed by Conway for a long time and that he is a valued employee. Maurissa on the other hand, though highly qualified, ha only recently joined Conway and therefore cannot receive the same pay as Stephen.

Dissatisfied with and unimpressed by the manager’s explanation, Maurissa approaches the national Labour Association for assistance. The Association undertakes and assessment of Maurissa’s and Stephen’s jobs. They conclude that having regard to the skill, difficulties, responsibilities and other characteristics of the two positions, on a scale...

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