Employment Equity

• What is the purpose of the Act?

The purpose of the Act is promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination.

 

• How will it help workers and managers?

The Employment Equity Act will assist the worker in eliminating discriminatory barriers of the

apartheid past and give you access to training, new opportunities and promotion.

It will contribute to a more productive workforce where employees will be motivated and equipped with the necessary skills to ensure a competitive advantage in SA.

 

• How can the law prevent discrimination at work?

The law state that nobody can be discriminated against at work, or when applying for a job. Employers may not discriminate on any arbitrary grounds (e.g. Race, gender, age).

The working environment, all Employment policies and practices cannot be discriminatory.

It is not reverse discrimination, and the Employment Equity Act allows for fair discrimination if it is part of an affirmative action programme or an inherent requirement of the job.

 

• How can the law protect people with HIV?

HIV testing by the employer is illegal, unless the employer goes to the Labour Court and is granted permission.

 

YOUR REMEDIES

• What happens if you are unfairly discriminated against in the workplace?

You should first declare a “dispute” against your employer following the internal processes set down in your company’s grievance procedure, which can be obtained from your Human Resources Manager.

 

If you don’t get satisfaction from the grievance procedure, then you should contact the Commission for Conciliation, Mediation and Arbitration (CCMA).

 

• What will the CCMA do?

The CCMA will try to resolve the dispute on your behalf through conciliation. If the conciliation fails, and both you and your employer agree, you can ask that your matter be arbitrated by the CCMA. The CCMA will set your case down for a further date for arbitration. If you, your employer doesn’t want your matter to be arbitrated, then you can take the matter to the Labour Court, where a judge will hear your case and will decide upon the result.

 

AFFIRMATIVE ACTION

The Employment Equity Act also promotes affirmative action. Larger employers are obliged by law to take steps to improve the situation of black people, women and people with disabilities in the workplace if currently under representative.

Designated Groups include all South African Citizens which is Black (Africans, Coloureds, Chinese and Indians), women and people with disabilities.

 

The Act stipulated that employers who employs more than 50 employees or whose total annual turnover equal or exceeds the relevant threshold, have to:

• Assign a manager that is responsible for promoting affirmative action.

• Consult all employees on the steps that they want to take to improve the position of black people, women and people with disabilities

• Establishing an Employment Equity committee which will conduct an analysis to assess the working environment, all employment policies and procedures to identify barriers which prevents designated groups getting jobs or advancing in the company & also to determine extent of under representation of designated groups in all occupational levels in the employers workforce

• Prepare a plan to solve the problems and ensure that the company is representative of all the people of SA. The Plan should be made available to employees once agreed upon through a consultation process.

• Report to Department of Labour on how representative their company is and what steps they are taking to improve the situation.

 

All workers have the right to ask what their company is doing to promote affirmative action. If you think your company may be discriminating against designated employees you can contact the Department of Labour.

 

Visit https://www.labour.gov.za for more information.