Can my employees openly discuss their salaries?

I often receive requests from companies regarding their desire to discipline employees because an employee discussed his or her salary with other employees or people outside the company.  They are somewhat distraught when I tell them they have no right to discipline anyone under those circumstances, even if they have diligently made such a requirement not to discuss such matters in their letters of appointment or policies.

The Basic Conditions of Employment Act at section 78(1)(b) specifically states that “Every employee  has the right to discuss his or her conditions of employment with his or her fellow employees, his or her employer or any other person”.  Salary is part of the conditions of employment.  What is more, every trade union representative has the right, at the request of an employee, to inspect any record kept in terms of the Act that relates to the employment of that employee (section 78(2)).

Obviously an employer cannot circumvent a legal requirement (unless the law specifically states otherwise) by simply inserting an otherwise clause into a contract or policy.