Employment Equity

 Introduction.

 

Every designated employer is required to design and implement an employment Equity plan. The purpose of the employment Equity plan is to enable the employer "to achieve reasonable progress towards employment Equity", to assist in  eliminating unfair discrimination in the workplace, and to achieve equitable representation of employees from designated groups by means of affirmative action measures.

 

An employment Equity plan therefore must clearly set out the steps that the employer plans to follow to achieve these objectives. In order to assist employers, the Department of Labour published a Code of Good Practice on the Preparation, Implementation and Monitoring of Employment Equity Plans. The Department of Labour also published a user guide to the employment Equity act, detailing 10 steps to preparing and implementing an employment Equity plan. Every employer should be in possession of at least these two documents - the Code of Good Practice and the User Guide.

 

There is no rigid format for an employment Equity plan, and the act allows employers to customise the plan to suit their own needs. Employment Equity and affirmative action applies to all designated employers and their employees, particularly those employees from designated groups. Designated employers are employers who employee 50 or more employees, employers who employ less than 50 employees but whose annual turnover exceeds or equals the amounts in schedule 4 of the EEA, or an employer who has been declared a designated employer in terms of a collective agreement.

 

Certain state organs are excluded, such as the National Defence Force, the National Intelligence Agency and the South African Secret Service. Designated groups are Africans, Coloureds, and Indians, woman of all races, and people with disabilities. All employers who have 50 or more employees on the date on which reports were due are required to report, and all employers who have 150 or more employees on the date on which reports were due are required to comply with the reporting requirements for larger employers.

 

Chapter 3 of the employment Equity act requires that employers take certain affirmative action measures to achieve employment Equity.

  • Employers must consult with the unions and employees in order to make sure that the plan is accepted by everybody and to allow all parties to have fair input
  • Employers must analyse all employment policies, practices and procedures, and prepare a profile of their workforce in order to identify any problems relating to employment Equity.
  • Employers must prepare and implement an employment Equity plan, setting out the affirmative action measures they intend taking to achieve the employment Equity goals.
  • Employers must report to the Department of Labour on the implementation of the plan in order for the department to monitor their compliance.
  • Employers must display a summary of the provisions of the act in all languages relevant to their workplace.  The summaries are available from the government printer and certain offices of the Department of Labour.

 

In the implementation of EE, we are concerned with a number of documents. These are the Code of Good Practice on the Implementation of Employment Equity Plans, the Employment Equity Act itself, the Regulations under the Employment Equity Act, and the user guide published by the Department of Labour. The Code of Good Practice on the Implementation of Employment Equity Plans is not law.  It has been published as a guide to employers, and it does give some valuable tips and information. Despite not being law, the Code must be taken into account.


Employment Equity (Downloads)

 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

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Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

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Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

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Courses and Workshops

 

                                         

 
 

Employment Equity Committee Training

23 August 2019 (Fully Booked)

Emperors Palace: Convention Centre

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

Compensation for Occupational Injuries and Diseases Course

12 September 2019

Southern Sun: Maharani Towers: Durban

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

03 October 2019

Emperors Palace Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

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