REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 160 256. In view of the above, it is evident that employment equity requires ongoing attention. There is still a great need for employment equity in South Africa. Cognisant thereof, the Department of Labour amended the Employment Equity Act in 2013. The Employment Equity Amendment Act, 2013160 sought to revise the definition of “designated groups” to ensure that black people, women and people with disabilities who became citizens of South Africa prior to 27 April 1994 or who would have obtained citizenship but for apartheid policies, will now benefit from affirmative action. Local spheres of Government are now subject to the Act. 257. Throughout the Act, the requirement to monitor and report on categories within the workforce has been removed. Only the requirement to monitor and report on levels in the workplace remains. The experience gained since the inception of the Act demonstrated that categories of work were too varied across different sectors and different workplaces to provide a meaningful basis of comparison. As such this amendment was made in order to simplify administrative requirements for employers as far as possible. 258. The concept of equal pay for work of equal value has been explicitly incorporated into the unfair discrimination provisions. This stipulates that it is unfair for an employer, based on a prohibited ground, or analogous arbitrary ground, to have different terms and conditions of employment for employees doing the same work, similar work or work of equal value. The law is now explicitly aligned with the International Labour Organisation prescripts on equal pay for work of equal value. Provision is now made in the Act for the Minister, after consultation with the Commission, to issue regulations to prescribe the criteria and methodology for assessing work of equal value. 259. Discrimination on the basis of arbitrary grounds has been added to the list of unfair discriminatory grounds. The onus provision in relation to unfair discrimination has been updated in the Act in order to create clarity and to align with emerging case law on employment equity. The onus provisions differ for listed grounds and arbitrary grounds. For listed grounds, once alleged, the employer must prove that either the discrimination did not take place, or it is rational and not unfair or otherwise justifiable. In the instance of arbitrary grounds, the complainant must prove that the conduct complained of is not rational, amounts to discrimination and is unfair. 260. Access is enhanced in relation to unfair discrimination cases as employees earning under the BCEA threshold or employees that allege unfair discrimination on the basis of sexual harassment may now have their cases conciliated and arbitrated by the CCMA. Previously these cases would have been adjudicated upon by the Labour Court – a much longer and more expensive process. In order to ensure fairness and in light of the legal importance of such cases, a full right of appeal is available for discrimination matters that are adjudicated upon by the CCMA. Act No. 47 of 2012 76