Equal Pay claims explained - simply

Feb 11, 2020


I received the following question via email this week:

"I need advice as I'm working for the company performing the same job with other employees but I'm not getting the same salary as theirs. Is it legal? What must I do in a situation like this?"

This is an often-asked question and based on a number of misconceptions. There is no 'short' answer, but I'll highlight the most important points.

'Equal pay for equal work' does NOT literally mean that if an employee does the same job as a fellow employee, they must be paid the same amount – as per the question above.

Employers are not required to pay all their comparable employees the same remuneration. The Employment Equity Act prohibits:

  • unfair
  • discrimination
  • based on a difference in terms and conditions of employment
  • between employees of the same employer
  • performing the same or substantially the same work or work of equal value
  • that is directly or indirectly based on any one or more of the grounds listed in section 6(1...
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