Equal Pay in Terms of the Employment Equity Act: Is Geographical Location a Ground of Discrimination or a Ground Justifying Pay Differentiation? – Duma v. Minister of Correctional Services
Journal of Contemporary Roman-Dutch Law, Vol. 81, p. 134-141, 2018
8 Pages Posted: 18 Aug 2018
Date Written: February 5, 2018
Section 6(1) of the Employment Equity Act 55 of 1998 (“EEA”) provides protection against unfair discrimination on listed and arbitrary grounds (the listed grounds are race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth). Section 6(4) of the EEA sets out three causes of action in respect of equal pay claims. The causes of action are (a) equal pay for the same work; (b) equal pay for substantially the same work; and (c) equal pay for work of equal value. Equal pay for the same work, whilst not difficult to understand, remains difficult to prove. The employee has to prove (a) that she is doing work which is the same or similar to another employee, (b) but she is being paid less (c) and the reason for the differentiation (being paid less) amounts to unfair discrimination.
Keywords: equal pay claims, unfair discrimination, arbitrary discrimination
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