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Burden of proof

If a pay dispute is taken to court, the employee must prove that

  1. the employer applies unfavourable remunerative terms to the employee in question compared to a person of the opposite sex who does the same work or work of equal value, or
  2. unfavourable treatment in remuneration is due to pregnancy or a reason relating to childbirth, parenthood or family commitments.

A presumption of discrimination arises if the employee is able to prove the accuracy of these statements. To rebut a presumption of discrimination, employers must show that any difference in pay is attributable to a justifiable factor not connected to sex or gender.