Minister of Correctional Services and Others v Duma (CA10/2016)
Minister of Correctional Services and Others v Duma (CA10/2016) [2017] ZALAC 78; (2017) 38 ILJ 2487 (LAC) (23 June 2017)
The court held that the respondent failed to discharge the burden of proof required to establish unfair discrimination on the arbitrary ground of geographical location. While the respondent identified comparators in other provinces graded at a higher level, she did not provide concrete evidence that the differentiation was based solely on geography or that her work was of equal value to those comparators. The inference that geographical location was the sole reason for the difference in grading was not the most reasonable or apparent inference from the facts. Other plausible explanations, suc…
Source excerpt
- Employment Equity Act
- Unfair Discrimination
- Burden Of Proof
- Equal Pay
- Remuneration Grading