Code of Good Practice on the Integration of Employment Equity into Human: Part 8

Missed out on parts 1-7? contact

Resource Policies and Practices.

 

The Code now turns to the question of the employment of people with disabilities. All people of all races and both genders who are disabled in terms of the Act fall under the designated group.

On the Dept of Labour website, you will find a document entitled "Technical Assistance Guidelines on the Employment of People with disabilities."

It is essential that you download this approximately 60-page document and rad it in conjunction with this Code of Good Practice.

The Technical Assistance Guidelines (TAG) you with firstly a good definition of what is "disability."

 

This is described as follows :

 

"1.3.1.1 People first

People with disabilities are not conditions or diseases. They are individual human beings. For example, a person is not an epileptic or a victim of AIDS but rather a person who has epilepsy or a person who has AIDS. First and foremost they are people who may in addition have one or more disabling conditions. Hence, they prefer to be referred to in the media, such as in newspapers or on television, as people with disabilities.

 

1.3.1.2 Distinction between disability and handicap

A disability is a condition caused by an accident, trauma, genetics or a disease which may limit a person's mobility, hearing, vision, speech, intellectual or emotional functioning. Some people with disabilities have one or more disabilities. A handicap is a physical or attitudinal constraint/barrier that is imposed upon a person, regardless of whether that person has a disability. Some dictionaries define handicap as "to put at a disadvantage".

Some people with disabilities use wheelchairs. Stairs, narrow doorways and curbs are handicaps imposed upon people with disabilities who use wheelchairs. Many people who are blind use Braille to read and they may also use voice recognition software on a computer or even tapes to listen to what others read in printed media. Not having the facility to use one or more of these to accommodate an employee constitutes a handicap.

Persons with intellectual disabilities may learn vocational skills through observation, role-play and breaking a complex job down into small steps, which can be mastered, one or more at a time. Insisting that all employees learn the same way, through printed material or formal classroom training, may be a handicap for such people with disabilities.

People who are deaf communicate effectively through sign language. The lack of trained interpreters when needed to translate between spoken languages and the deaf is a handicap.3

 

5. Definition of people with disabilities 

"People who have a long-term or recurring physical or mental impairment which substantially limits their prospects of entry into, or advancement in, employment." 

The rest of this document you must study for yourself.

The employer is required to make "reasonable accommodation" for the needs of applicants with disabilities.

It should be noted that employers must not discriminate against any person on grounds of disability, and especially in cases of HIV/AIDS.

For more information, contact

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”.

Read More >>>

 

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.

Read More >>>

 

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.

Read More >>>

 

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.

Read More >>>

 

 

 

 

 

 

Courses and Workshops

 

                                         

 
 

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Employment Equity Committee Training

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

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

  

 Our Clients