Maraba and Others v Tshwane University of Technology (JS1032/12) [2019] ZALCJHB 209 (23 August 2019)

Maraba and Others v Tshwane University of Technology (JS1032/12) [2019] ZALCJHB 209 (23 August 2019)

The court found that the respondent's conduct in maintaining salary disparities between Professional Nurse Practitioners from previously advantaged and disadvantaged institutions constituted unfair discrimination based on social origin, as prohibited by section 6(1) of the Employment Equity Act. The respondent failed to provide a justifiable ground for the continued disparity, and its actions perpetuated inequality rather than remedying historical disadvantage. The court rejected the respondent's argument that the uncapping of salaries was justified by exceptional circumstances, finding that the measure did not advance the position of those who had suffered discrimination. The applicants...

Citation
[2019] ZALCJHB 209
Parties
Applicant: Paul Maraba; Applicant: Lydia Khwinana; Applicant: Matilda Legwale; Respondent: Tshwane University of Technology
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 August 2019
Case Number
JS1032/12
Procedural Posture
Discrimination Application / Judgment After Trial
Outcome
The applicants succeeded in their claim of unfair discrimination based on social origin. The respondent was ordered to retrospectively equalise the applicants' salaries with that of the comparator and pay the difference within 30 days.
Judges
S Mabaso
Legal Topics
Employment Equity Act, Unfair Discrimination, Remuneration Disparity, Social Origin Discrimination
Labour Law Administrative Law Employment Equity Act Unfair Discrimination Remuneration Disparity Social Origin Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Paul Maraba

Applicant

Lydia Khwinana

Applicant

Matilda Legwale

Applicant

Tshwane University of Technology

Respondent

Procedural Posture

Discrimination Application / Judgment After Trial

Legal Issues

  1. 1 Whether the respondent's conduct in remunerating the applicants less than a comparator constitutes unfair discrimination based on social origin.
  2. 2 Whether the salary disparities resulting from the merger of tertiary institutions are justifiable.
  3. 3 Whether the applicants are entitled to retrospective salary increases and compensation.

Ratio Decidendi

The court found that the respondent's conduct in maintaining salary disparities between Professional Nurse Practitioners from previously advantaged and disadvantaged institutions constituted unfair discrimination based on social origin, as prohibited by section 6(1) of the Employment Equity Act. The respondent failed to provide a justifiable ground for the continued disparity, and its actions perpetuated inequality rather than remedying historical disadvantage. The court rejected the respondent's argument that the uncapping of salaries was justified by exceptional circumstances, finding that the measure did not advance the position of those who had suffered discrimination. The applicants...

Court Disposition

The applicants succeeded in their claim of unfair discrimination based on social origin. The respondent was ordered to retrospectively equalise the applicants' salaries with that of the comparator and pay the difference within 30 days.

Orders

  • The respondent's conduct of paying the applicants less remuneration than Ms Kloppers from 01 April 2011 to date constitutes unfair discrimination based on social origin.
  • The respondent is ordered to retrospectively increase the salaries of the applicants to be the same as that earned by Ms Kloppers since 01 April 2011.