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What Is Equal Pay and Equal Treatment?

Equality in remuneration is gaining statutory and litigious momentum with the existing provisions of the Employment Equity Act (EEA) and Codes of Practice underpinning no fewer than 826 CCMA referrals on equal pay disputes over the period April 2019 to February 2020.


What is even more concerning is that the pending amendments to the EEA would result in employers losing these cases and not receiving EE Compliance Certificates for three years. This would exclude them from access to state tenders.


By law, the EE plan must include measures to address unjustifiable income differentials within a reasonable time period. There are two dimensions to this –

  1. Firstly, the horizontal equal pay analysis in which people doing the same, similar or jobs of equal value should as a general principle be earning equitably; and

  2. Secondly, the vertical income gap between the top 10% of earners and the bottom 10% needs to be narrowed.


Employers would be well positioned if they conducted the necessary analysis, identified gaps, drafted remuneration policies, and took steps to address these areas.


EEA Referrals to CCMA Across all sectors (April 2019-February 2020))

Attend our Equal Treatment and Equal Pay for Work Of Equal Value Online Workshop

If you would like to learn how to conduct the necessary analysis, identify gaps, draft remuneration policies, and take steps to address these areas, you need to attend our Equal Treatment and Equal Pay for Work of Equal Value Workshop on 15 April which is facilitated by John Botha and Thembi Chagonda.

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