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Mokhatana is a 28-year-old Black African female. She is employed by MDMA, where she is a Senior Audit Manager. Mokhatana has 6 years' work experience

Mokhatana is a 28-year-old Black African female. She is employed by MDMA, where she is a Senior Audit Manager. Mokhatana has 6 years' work experience and has spent all those years as an employee of MDMA. She manages a team of 10 auditors whose work involves auditing the financial records of the firm's banking clients. In March 2021, Mokhatana discovered that her White female colleague, Dominica Dunbar, who is also 28 years old, was receiving 25% more monthly remuneration than she did. Mokhatana sought to resolve the matter internally, however, her attempts proved fruitless, and she then referred the matter to the CCMA for conciliation. At the CCMA, the parties failed to reach a mutually favourable solution and the matter was then referred to the Labour Court. In her court papers, Mokhatana alleges that she has been unfairly discriminated against on the listed ground of race. She avers that she is a victim of unfair discrimination because she, a black employee, is being paid 25% less money for doing the same work as Dominica, a white employee. Mokhatana further avers that the work that she is doing at MDMA is substantially the same as the work that her colleague is doing, because Dominica Dunbar is also a Senior Audit Manager. Dominica also oversees a team of 10 auditors on the insurance side of the firm's audit work. Like Mokhatana, she has 6 years' work experience and has spent her whole career at MDMA. According to an expert witness called to testify by Mokhatana before the Labour Court, the difference between insurance and banking audits is superficial at best. Nevertheless, the Labour Court found that Mokhatana had "failed to establish a prima facie case of unfair discrimination on the listed ground of race" and her claim was dismissed. Mokhatana has now lodged an appeal with the Labour Appeal Court. With reference to the relevant legal authorities (applicable case law, legislation), advice Mokhatana on her prospects of success. Your answer must include the following:

The legal basis for Mokhatana's claim.

The requirements for proving "work that is the same or substantially the same".

An explanation of whether a claimant relying on a ground such as race is required to establish a prima facie case of unfair discrimination.

Comment on Mokhatana's prospects of success with her claim.

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