Equal pay for equal work of equal value : an employment law analysis of the position and remunaration of candidate legal practitioners in South Africa

Abstract

This study examines the concept of equal pay for work of equal value by conducting an employment law analysis on the position of candidate legal practitioners in South Africa. This study addresses the issue of candidate legal practitioners being paid well below the national minimum wage on the basis that they are not regarded as employees. Articles of clerkship have been glorified for being hard to secure in South Africa. Legal practitioners have instilled a belief in law students and graduates building up fear which leads to them settling for anything provided even if they are being exploited just for the sake of securing articles as a precondition for securing admission as an attorney. The primary objective of this study is to explore what candidate legal practitioners are classified as in terms of the labour legislation and why they are not afforded the relevant protection that is afforded to other employees in terms of legislation such as the Constitution of South Africa, Labour Relations Act and the Basic Conditions of Employment Act.