Employment Equity Act Flashcards
EEA
-Was established to promote affirmative action
-Through the EEA people are treated equally regardless or age or race
The purpose of EEA
-Ensure equal representation of all population groups of South Africa
-Advocates that employees who do work of the same value must be paid equally
-Promotes equal opportunity and fair treatment for all workers in the workplace
-Provides the possibility for workers to refer unresolved issues to the CCMA
Affirmative action
The policy and process of providing preferences in employment opportunities for PDP
-A policy embedded in EEA
Impact of EEA (Negative)
-Employment equity appointments may cause conflict in the workplace as some employees may not respect the skills and knowledge experiences of the EE appointment
-Businesses sometimes appoint unsuitable and unqualified candidates into an EE position to meet the requirements of their EE plan
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Non-compliance
-Treating workers unfairly and incorrectly promoting affirmative action in the workplace
-Refusing to employ young women because they would choose to have children in the future
-Conducting HIV testing unless is justified by the Labour court
-Refusing to employ a person because of strong religious or cultural beliefs or because of diability
Employment Equity plan
A document that outlines how the business intends to achieve employment equity over 5 years
Consequences for non-compliance
-May receive a compliance order from the labour relations court that forces the business to comply with EEA
-Businesses that still don’t comply after the compliance order has been issued may be charged by the Labour Court for non-compliance
-May receive large fines which will be dependent on the degree of non-compliance
-The department of Labour may prevent non-compliant business from conducting business with the government, especially in the context of tenders
Ways in which businesses can comply
-Display a summary of the EEA in the workplace where it is visible to all employees
-Provide equal opportunities to all employees in the workplace
-Implement affirmative action measures to promote diversity in the workplace
-Compile employment equity plans that specify how affirmative action will be implemented in the workplace