Wage gap myth Archives

Refusing amendment application: Wage discrimination dispute

by GilesFiles | May 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Direct and indirect discrimination, Disallowed, EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Equal pay and value, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Mining, Non-profit organisations, Objective - correctness, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Proportional pay differentials: Frameworks and compliance

by GilesFiles | Mar 11, 2023 | AF - Internal equity external parity, EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Chpt VI 53-65, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Markets in SA, Pay differentials, Pay progression, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

“When the Employment Equity Act was being negotiated in 1997, a most unusual provision was inserted at the insistence of the trade union side. This became section 27 of the EEA, which states that every designated employer must...

Inherent job requirements: Pay differential rational and fair

by GilesFiles | Jul 6, 2022 | 2020 onwards, AF - Internal equity external parity, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Mining, MPN Nkutha-Nkontwana, Orders, Parties, Pay differentials, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Social origin differentiation: Objective assessment

by GilesFiles | May 17, 2021 | 2020 onwards, AF - Internal equity external parity, Allowed, Appeals, Appeals - leave, Courts, Differentiation not discrimination, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Finance, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 onwards, 2020 onwards, Applications, Bargaining councils, Bill of Rights, Causes and defences, Central, Collective Bargaining (LRL 5), Courts, Declaratory, Dennis Davis, Exceptions/special pleas, Government, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, MV Phatshoane, Orders, Organisations (LRL 4), P Coppin, Parties, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Enforcing collective agreements: LRA s 24(5) interpreted

by GilesFiles | Nov 29, 2020 | Applications, Causes and defences, CCMA awards, CCMA members, Collective Bargaining (LRL 5), Courts, Declaratory, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Parties, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Genuine pay differentials: A simple fix required

by GilesFiles | May 15, 2019 | AF - Internal equity external parity, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Legal Practice, Pay differentials, philosophy / economics, Seven occupational levels, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

Garbage in and out It is said that ‘garbage in, is garbage out’ and we are in real danger of not measuring genuine pay differentials. Employers are currently being forced to report wages paid to employees at seven...

Downgrading equals demotion: Unfair practice

by GilesFiles | Apr 30, 2019 | 2019, AF - Internal equity external parity, Bill of Rights, Courts, Insights, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Municipal, Practices (LRL 9), Promotion or demotion, Sectors, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Wage differentials demands: Right or interest dispute?

by GilesFiles | Apr 25, 2019 | 2019, 64-77 Strikes, 65 limitations, 68 strike unprotected, AF - Internal equity external parity, Collective Bargaining (LRL 5), Connie Prinsloo, Courts, Disputes: right or interest, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Logistics, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Parties, Pay progression, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Topics, Trade unions, Work Science Institute | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Pay differentials fair: Dismissals unprotected strike

by GilesFiles | Jun 24, 2015 | 2015, 68 strike unprotected, AF - Internal equity external parity, Collective action, Collective Bargaining (LRL 5), Courts, Dennis Davis, Equal pay and value, Insights, Judges, Labour Appeal Court, LAC judges, LRA 04: 64-69 Power plays (LRL 6), Pay differentials, Work Science Institute | 3 |

Tawusa v Unitrans Fuel And Chemical (Pty) Ltd (JA44/2013) [2015] ZALAC 24; (2015) 36 ILJ 2822 (LAC) (24 June 2015) per Davis JA [Ndlovu and Landman JJA concurring] The Labour Appeal Court disallowed the appeal and upheld the...

Pay or income differential: Proportionality not wage gap

by GilesFiles | Jun 16, 2015 | AF - Internal equity external parity, Discrimination (LRL 11), EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, ILO Conventions, Insights, Labour Relations, Management, Pay differentials, Pay progression, philosophy / economics, Policies - all, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

Using the term ‘wage gap’ only confuses readers and has the danger of prolonging the stigma of outlawed past practices. It is irresponsible and wrong to suggest that there is a ‘wage gap’ between the lowest and highest pay...

Inequality: Create more jobs (Prof Seekings)

by GilesFiles | Jul 31, 2014 | Discrimination (LRL 11), Employ Equity (LRL 12), Equal outcomes, ERelations (LRL 1), Insights, Labour Relations, philosophy / economics, Topics, Work Science Institute | 0 |

In the opinion of Professor Jeremy Seekings, the Director of the Centre for Social Science Research at the University of Cape Town, ‘every study in South Africa finds that real wage increases reduce the demand for labour’ and...

Tag: Wage gap myth