Equal pay for equal work is more than just a principle – it’s a legal right under South African law.  The Employment Equity Act (EEA), specifically section section6(1), makes it clear that no employee may be unfairly discriminated against based on factors such as race, gender, age, disability, religion, or any other arbitrary ground. Since 1st August 2014, section 6(4) further strengthened this by stating that paying employees differently for doing the same, substantially the same, or equally valuable work – when based on any of these grounds – constitutes unfair discrimination. The idea of “work of equal value” means that even if employees hold different job titles, their roles should be evaluated based in the level of skill, effort, responsibility, and working conditions required. If these elements are similar, the jobs are considered of equal value and should be paid equally, unless there is a fair, justifiable reason for the difference – such as performance, length of service, or scarcity of skills. Employers compare jobs using factors like complexity, qualification, accountability and environment, not simply job titles. Pay differences that are based on bias, favouritism or even stereotypes are not only unethical – they are unlawful. 

Recent case law highlights how carefully the court assess equal pay claims. In Passenger Rail Agency of South Africa v Hoyo (2024), the Labour Appeals Court overturned a Labour Court ruling which had found the employer guilty of unfair discrimination on the basis of race and unequal pay. The employee claimed that he earned less than his subordinated, who were white, despite holding greater responsibility. However, the Court found that the subordinates were not valid comparators because their work was not of the same or equal value, and there was no evidence that race had influenced the pay structure. The case demonstrates that while income differentials remain a serious issue, employees must provide objective proof that the work compared is truly of equal value and that the disparity is linked to a prohibited ground of discrimination. 

Employees who believe they are being paid unfairly are encouraged to first raise the matter internally, and if unresolved, they can approach the CCMA for further assistance. Promoting equal pay is essential to ensuring dignity, fairness and equality in every workplace, helping us build a more inclusive South Africa.

How Danshaw Consulting Can Support You

At Danshaw Consulting, we focus on job grading and salary benchmarking to help organisations ensure pay structures are fair, transparent and compliant with the Employment Equity Act. With over 20 years of HR and IR expertise, we provide practical recommendations that align salaries with market standards. By partnering with us, businesses can reduce legal risks, build employee trust, and promote fairness in the workplace.

– Written by MaryAnn Dos Santos