CCMA says that Massmart & Massbuild has demonstrated a rationale, legitimate & fair pay determination process
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On 31 August 2017, the Commission for Conciliation Mediation and Arbitration (CCMA) ruled in the case; Mr. Phathuxolo Maqavana v Massbuild & Massmart, that Massbuild had demonstrated a rationale, legitimate and fair pay determination process. The CCMA also ruled that Mr. Maqavana had not been the subject of pay discrimination, nor had he been discriminated against on the basis of race.
This ruling follows a case brought by Mr. Maqavana against Massbuild and Massmart in which he alleged that Massbuild’s pay determination processes were discriminatory. In presenting its evidence to the CCMA Massbuild demonstrated that Mr. Maqavana’s starting salary was based on his rate of pay at his previous employer, plus a 52.7% increase. Mr. Maqavana had referred the case to the CCMA after resigning from Massmart and taking up a new role at an international competitor that had recently entered the South African market.
Subsequent to this ruling by the CCMA, Mr. Maqavana amended and re-submitted his argument to the CCMA. In response to the re-submission, the CCMA ruled, that they did not have jurisdiction to rehear what was, in essence, the same matter that Mr. Maqavana initially brought to the CCMA. Mr. Maqavana is challenging the CCMA’s ruling not to re-hear the matter.
Massmart is a managed portfolio of four divisions, each focused on high volume, low margin, low-cost distribution of mainly branded consumer goods for cash, through 419 stores in 13 countries in sub-Saharan Africa.