After working hard to become senior management in her company, Dikeledi found out that a male colleague (her junior) was earning the same salary as her – for less work and experience. Dikeledi has a Master’s degree and has been working in the industry for more than 10 years. Her colleague only has a Bachelor’s degree and has been in the industry for less than 2 years. After she did some digging, she found out that he was being paid a higher salary because he’s a man. She raised her concerns with the Human Resources Department, but hasn’t managed to resolve the issue after almost 3 years. AZIKHIPHI! That’s not on!
Scorpion Legal Protection’s advice
According to the Employment Equity Act (EEA) 55 of 1998, no person may be unfairly discriminated against, directly or indirectly, based on their race, sex, gender, disability or any other grounds listed in Section 6(1) of the EEA.
If an employer pays one employee less than another employee who performs the same job, this is unfair discrimination. If the reason for this cannot be justified by the employer and is a ground prohibited by Section 6 of the Employment Equity Act (EEA), the employer will be held liable. Not all differences in salary are prohibited or will be unfair. Employers are not required to pay their employees the same. It’s only unfair discrimination if the differences are directly or indirectly based on race, sex, gender, disability or any other grounds listed in Section 6(1) of the EEA.
When it comes to labour matters, it’s best to get professional legal help and advice, because most people will not know the correct forms to submit and processes to follow. In Dikeledi’s case, she may have a case of unfair discrimination based on gender. Since she has tried to negotiate with her company’s HR Department for years and reached no resolution, her best option would be to get a lawyer or legal counsellor to intervene and mediate a possible solution with her employer on her behalf. If this fails, the matter can be referred to the CCMA within 6 months of the discrimination occurring and if they cannot resolve it, the matter can be taken to the Labour Court for arbitration if all parties agree to it.
Tips:
- Not all differences in salary are a case for unfair discrimination – the issue must be directly or indirectly based on race, sex, gender, disability or any other grounds listed in Section 6(1) of the EEA.
- If the matter is one of unfair discrimination, you have 6 months from the date the discrimination occurred to open a case with the CCMA
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* Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement). This is only basic advice and cannot be relied on solely. The stories, names, characters and incidents portrayed are used in a fictitious manner.