Three black nurses from Tshwane University of Technology (TUT) have lost their bid to get an equal salary as a white nurse, Sarina Kloppers, at the same institution.
This comes after the nurses, Paul Maraba, Lydia Khwinana and Matilda Legwale, complained that they had been victims of discrimination because of their social background.
In 2019 Acting Labour Court Judge Sandile Mabaso ordered TUT to increase the trio’s salaries and to backdate the salary increase to 2011, citing that they had in fact been subjected to discrimination based on their social background.
Today that decision was overruled by Labour Appeal Court Acting Judge Kate Savage with Judge Philip Coppin and Acting Judge Daisy Molefe, who maintained that the three were not subjected to discrimination.
According to IOL, clear evidence proved that the salary difference was due to the uncapping of salaries at TUT. ” The evidence indicated that this differentiation arose from the decision to uncap salaries,” read a statement from the judges.