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ARTICLE · 01 NOVEMBER 2019

I Paid Him More Because He Asked For More

A recent case from the labour court provides some guidance.

South AfricaEmployment and HR

Case law is beginning to develop the South African labour law around unfair discrimination which has arisen since the introduction of the "equal pay for equal work" provisions of the Employment Equity Act, 55 of 1998 ("EEA"), in 2014. Although the EEA created this right and protection for employees by introducing inequality of pay where the same work, or work of equal value is performed, and although the Department of Labour released a Code of Good Practice on Equal Pay / Remuneration for Work of Equal Value ("Code of Good Practice") in 2015, it has been left up to case law to test the principles provided for in the law. A recent case from the labour court provides some guidance.

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