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department in other geographical areas (Limpopo, Mpumalanga, North West and KwaZulu-Natal) who had been employed as Managers: Legal Services were being remunerated in accordance with level 9 whereas she, who was employed in the Western Cape, was being paid in accordance with level 8 despite occupying the same post.
The court noted that an employee seeking relief in terms of section 6(1) of the Employment Equity Act must be able to prove that there was differential conduct which amount to discrimination and that such discrimination was unfair. Discrimination will be present where the conduct impairs the employee’s human dignity.
The court found that it was entirely arbitrary conduct for an employee who is remunerated more simply because they reside in a particular province. Although this case was decided before the Amendment Act which specifically introduces the notion of an “arbitrary ground” into the legislation, the court nonetheless found that the conduct infringed on Duma’s dignity. The court found that