SA Pay secrecy

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zroxlol

Member
8 April 2021
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1
Hi, I'm curious to know if when a pay secrecy clause is not stipulated in a contract if it can be enforced in any way if it is hinted at by an employer who essentially doesn't want other employees to ask for a pay rise and is asking you not to disclose your pay to them
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Are you sure that you're the one being paid more?
Perhaps what he really wants is to make sure that you don't find out
that you're the one being paid less.
 

zroxlol

Member
8 April 2021
2
0
1
Hi Tim,
Thanks for your quick response!
However I already know I'm the one getting more money, I'm only curious to know the law side of the question, whether or not an employer who does not have a contract specifying that employees keep their rate of pay secret can do.. well anything at all if the employees speak to eachother about their pay?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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There may be express terms in the employment contracts wrt confidentiality and pay will likely be caught under this clause.

Alternatively it may be possible, though unlikely, confidentiality may be implied; and furthermore

it may be a lawful and reasonable direction from the employer not to disclose pay rates.

Bottom line: be careful.