Chapter 1 - EE

Question 1

Outline/Describe/Explain/Discuss the purpose of the EE

Answer 1

• The overall purpose of the EEA is to achieve equity in the workplace by
  
  • Prohibiting unfair discrimination against all employees
  • Putting in place Affirmative Action measures for “designated groups” or employees

Designated groups: Groups of people who are specified in the ACT as recipients of affirmative action measures (black people {includes coloureds, blacks and Indians}, women and the disabled

• It ensures that employees who work for the same employer and who perform the same work do so under the same conditions.
• It provides for the certification of psychometric testing used to assess employees
• It provides for employees to refer unresolved disputes to the CCMA
• It empowers the Director-General to impose fines

Question 2

• Discuss/Explain/Evaluate the impact (advantages and/or disadvantages/negatives) on businesses.

Answer 2

Advantages

• It creates a framework for acceptable employment practices and affirmative action measures, e.g. training of previously disadvantages groups
• It promotes diversity in the business
• It encourages consultation between employer and employees

Disadvantages

• Applying the employments quota does not always allow employers to appoint the best person in the job
• There are additional administrative duties to prepare for the Employment Equity Plan, such as statements of remuneration and benefits as well as a full report on the implementation and monitoring of the Employment Equity Plan
• Employers must appoint one or more senior managers to ensure the implementation of the Plan
• Employers who want to do business with any state organisation must apply for a certificate from the Minister of Labour that confirms their compliance with the Employment Equity Act

Question 3

Impact of EE on the workers

Answer 3

Advantages

• Brings redress to people who have experienced suffering and inequality in the past
• It promotes equal opportunities for all people in the workplace
• Provides all candidates with an equal opportunity to be selected
• Provides all candidates with an equal opportunity to be considered for promotion

Disadvantages

• Employees with insufficient experience can be appointed and promoted into positions where they are not able to cope with the job at hand
• The act remedies one form of discrimination with another form of discrimination
• The Act often benefits people who have not personally experiences the discrimination of the past

Question 4

Suggest/Recommend ways in which businesses can comply with the Acts.

Answer 4

• Employers must consult with employees as required by the Act
• Employers must disclose relevant information to all parties to ensure meaningful consultation
• Employers must conduct an analysis of employment policies, practices, procedures and the work environment
• Employers must prepare and implement the Employment Equity Plan
• Employers with less than 150 employees must submit a first report to the Director-General within 12 months after the Act has been implemented, and thereafter every two years
• Employers with more than 150 employees must submit a first report to the Director-General within six months after implementation of the Act, and thereafter every year

Question 5

Outline/Discuss penalties/consequences for non-compliance

Answer 5

• The labour court has the power to make any orders, award compensation or impose fines
• Labour inspectors are authorised to conduct inspections
• Should an inspection have reasonable grounds to believe that an employer has failed to comply with its obligations; the inspector may issue a compliance order. This is a written instruction issued by a labour inspector
• The labour court may impose a fine ranging from R500 000 (first offence) to R900 000 (after four offences). An employer cannot be fines for not achieving the target… but the labour Court can act against the employer that has no effort to reach targets

Question 6

Outline/Explain actions regarded as discriminatory by the various Acts.

Answer 6

• Any behaviour or actions against a worker on grounds of characteristics such as:

Race, Gender, Sexual preferences, Age, Status, Religious affiliation, Disability

• Medical testing of an employee is unfair discrimination (unless it is justifiable)
• Psychometric testing – unless it can be applied fairly to all employees and is not biased towards any employee or any group of employees
• Harassment of an employee is a form of unfair discrimination