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Equal Pay for Work of Equal Value - What have the courts said?

Labour, Employment & Human Rights Seminar
Where Fasken Martineau
Inanda Greens, Building 2
54 Wierda Road West
South Africa
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It has been a couple of years since the Minister of Labour promulgated the Code of Good Practice on Equal Pay for Work of Equal Value in terms of the Employment Equity Act, 1998.

The Code is aimed at providing practical guidance to employers and employees on how to apply the principle of equal pay for work of equal value in their workplace and in doing so eliminating unfair discrimination in respect of remuneration.

The Code imposes a positive duty on every employer to implement new or examine all aspects of their existing pay policies and practices in order to ensure compliance with the principle of equal pay for work of equal value. When the Code was promulgated it raised pressing questions, such as what would qualify as work of equal value? What if the individuals do not work the same number of hours? Must employees in Durban receive the same pay as their counterparts in Johannesburg? What role does the employee’s ability to bargain a higher salary play? Can employees demand information on job evaluation and pay across the organisation?

We will host a seminar on Thursday, 14 July 2016 during which we will consider how the CCMA and Labour Court have addressed these questions and other challenges faced by employers concerning the equal pay for work of equal value principle.