Employment Equity

 

It is that time of the year again when employers are required to submit their Employment Equity reports to the Department of Labour not later than the first working day of October this year. Employers who employ 150 or more employees are required to report annually and employers who employ less than 150 employees are required to report a bi-annually. This year however, it falls that all employers, whether they employ less than or more than 150 employees are required to report not later than the first working day of October this year.

 

Employers who have 150 or more employees are required to complete the following:

  • form EEA2 - all sections except section G (progress report) if this is your first report,  or including section G. if this is your second or subsequent report.

  • Form EEA4 - all sections. 

 

Employers who have 150 or less employees are required to complete the following: 

  • Form EEA2 - sections A , B , F and H. if this is your first report then section G. is not required to be completed, but if it is your second or subsequent reporting cycle then section G. must also be completed 

  •  Form EEA4 - sections A and  C. 

 

So as can be seen, nobody escapes the net  this year. 

 

Form EEA 2 

 

This form consists of 12 pages and covers headings such as: 

  • Employer details

  • workforce profile

  • occupational categories

  • occupational levels; which includes numbers of employees in different positions, employees with disabilities and so on

  • workforce movements: including recruitment, promotions, terminations and termination categories,

  • disciplinary action

  • skills development in terms of training provided

  • a qualitative assessment of your employment equity plans, detailing the medical goals resources and so on

  • form EEA 2 culminates in a progress report on your progress in attaining the goals set in your employment equity plan.

 

Form EEA 4

Form EEA4 thankfully consists of only two pages and is the income differential statement. The headings under which detail is required are employer details, income differentials by occupational categories and income differentials by occupational level

Over the next few weeks, we will examine in some detail the completion of these forms.

 

Employers can download these forms from the Department of Labour web site on www.labour.gov.za

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.

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

 

                                         

 
 

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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