The programmatic enforcement of the affirmative action provisions of the employment equity act, 55 of 1998
- Authors: Ntshoza, Zoleka Albertina
- Date: 2023-04
- Subjects: Program -- implementation , Affirmative action programs , Discrimination in employment -– Law and legislation —- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60832 , vital:67863
- Description: This study explores the mechanisms contained in the Employment Equity Act of 1998 (EEA) that are in place to ensure that all employers comply with the EEA. The research introduces the topic and the background of the EEA and further discusses its important provisions. The EEA is an Act which was adopted to enable section 9 and 23 (1) of the Constitution. It is there to ensure equality in the workplace. The purpose of the EEA is to eliminate unfair discrimination in the workplace and promote equity for designated groups. This research discusses the application of the EEA and its interpretation by our courts. It does this by discussing leading cases of the EEA and other relevant fields of the labour law. Amongst other discussions in the research is the case of South African Police Service v Solidarity obo Bernard. In this case, a white female employee referred a matter of unfair discrimination to the court for her non-appointment, even though she was the only one who qualified for the job. The employer had preferred a black female candidate for the position. The court held that the discrimination was fair and relied on the employers Employment Equity Plan to determine whether the discrimination was just and equitable in terms of section 36 of the Constitution. Thereafter, this research considers the role of different bodies or structures that are in place to ensure compliance and implementation of affirmative action policies as outlined in the EEA. At the centre of this research is the role played by the inspectorate, the Commission for Employment Equity, and the Director General of the Department of Employment and Labour. These are the structures of the Department of Employment and Labour that are charged with enforcement of the labour laws and policies. Each structure has its own legislative duties. For example, in terms of the EEA, the inspector must conduct inspections for the employer’s workplace, make recommendations for compliance where it is necessary, and issue fines as a final sanction for non-compliance. On the other hand, the Commission for Employment Equity (CEE) investigating compliance, issuing annual reports, doing compliance reviews, issuing certificates of compliance and non-compliance and awards etc. In addition, the research also explores the enforcement penalties imposed by the EEA. It also incorporates a comparative study between the penalties imposed by South Africa with that of Namibia and Canada. This study will show how Canada’s EEA and South Africa are lenient compared to the Namibian one. In Namibia, non-compliance is not only sanctioned with fines but with other harsh sanctions that have detrimental effects on non-complying employers. Finally, the research makes a summary and findings of the study. Thereafter, it discusses the failures and shortfalls of the EEA. These critiques are made in comparison with other EEA such as Namibia, and further the researcher offers her personal critiques and recommendations to the current system. It then concludes by summarising the findings of the final chapter , Thesis (LLM) -- Faculty of Law, School of of Labour Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Ntshoza, Zoleka Albertina
- Date: 2023-04
- Subjects: Program -- implementation , Affirmative action programs , Discrimination in employment -– Law and legislation —- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60832 , vital:67863
- Description: This study explores the mechanisms contained in the Employment Equity Act of 1998 (EEA) that are in place to ensure that all employers comply with the EEA. The research introduces the topic and the background of the EEA and further discusses its important provisions. The EEA is an Act which was adopted to enable section 9 and 23 (1) of the Constitution. It is there to ensure equality in the workplace. The purpose of the EEA is to eliminate unfair discrimination in the workplace and promote equity for designated groups. This research discusses the application of the EEA and its interpretation by our courts. It does this by discussing leading cases of the EEA and other relevant fields of the labour law. Amongst other discussions in the research is the case of South African Police Service v Solidarity obo Bernard. In this case, a white female employee referred a matter of unfair discrimination to the court for her non-appointment, even though she was the only one who qualified for the job. The employer had preferred a black female candidate for the position. The court held that the discrimination was fair and relied on the employers Employment Equity Plan to determine whether the discrimination was just and equitable in terms of section 36 of the Constitution. Thereafter, this research considers the role of different bodies or structures that are in place to ensure compliance and implementation of affirmative action policies as outlined in the EEA. At the centre of this research is the role played by the inspectorate, the Commission for Employment Equity, and the Director General of the Department of Employment and Labour. These are the structures of the Department of Employment and Labour that are charged with enforcement of the labour laws and policies. Each structure has its own legislative duties. For example, in terms of the EEA, the inspector must conduct inspections for the employer’s workplace, make recommendations for compliance where it is necessary, and issue fines as a final sanction for non-compliance. On the other hand, the Commission for Employment Equity (CEE) investigating compliance, issuing annual reports, doing compliance reviews, issuing certificates of compliance and non-compliance and awards etc. In addition, the research also explores the enforcement penalties imposed by the EEA. It also incorporates a comparative study between the penalties imposed by South Africa with that of Namibia and Canada. This study will show how Canada’s EEA and South Africa are lenient compared to the Namibian one. In Namibia, non-compliance is not only sanctioned with fines but with other harsh sanctions that have detrimental effects on non-complying employers. Finally, the research makes a summary and findings of the study. Thereafter, it discusses the failures and shortfalls of the EEA. These critiques are made in comparison with other EEA such as Namibia, and further the researcher offers her personal critiques and recommendations to the current system. It then concludes by summarising the findings of the final chapter , Thesis (LLM) -- Faculty of Law, School of of Labour Law, 2023
- Full Text:
- Date Issued: 2023-04
Substantive equality and the challenge to affimative action as justification for unfair discrimination
- Authors: Delport, Petrus Jacobus
- Date: 2017
- Subjects: Discrimination in employment , Affirmative action programs , Equality
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/15467 , vital:28256
- Description: South Africa’s history as a nation is replete with examples of inequality and unfair discrimination. The working arena was no exception to the rule. In fact, it was one of the areas where inequality was most prevalent. Discriminatory legislation was promulgated under the Apartheid regime. These laws enforced differential treatment of employees along racial lines. After 1994, the newly democratic South Africa, through the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter referred to as the “Constitution”), regarded all people as equal before the law and entitled to equal benefit and protection under the law. National legislation was subsequently promulgated to give effect to this constitutional objective. The Employment Equity Act 55 of 1998 (hereinafter referred to as the “EEA”), specifically, gave effect to all employees’ constitutional right to equality in the workplace. Under the EEA, unfair discrimination was forbidden. The EEA also required employers to implement measures to eradicate the injustices of the past. Subsequent to the enactment of the EEA, the Courts reiterated two tests to determine whether unfair discrimination had taken place in the workplace. It also tested whether an affirmative action measure could justify such unfair discrimination. These two tests, referred to in Harksen v Lane NO and others (CCT9/97) [1997] ZACC 12 (11) BCLR 1489 (CC) (Hereinafter referred to as the “Harksen test”) and Minister of Finance v Van Heerden 2004 (11) BCLR 1125 (CC) (Hereinafter referred to as the “Van Heerden test”), were unfortunately applied by the Courts in an inconsistent manner. This created confusion about which test found application in specific circumstances. The Constitutional Court then clarified the confusion through the South African Police Service v Solidarity obo Barnard (2014) ZACC 23 (CC) (Hereinafter referred to as the “Barnard” decision”). It is important to note that this study does not seek to evaluate the correctness of the Barnard decision, nor does it consider the cases prior to the Barnard decision. Rather, this study considers the extent to which the Barnard decision informed later cases dealing with unfair discrimination and affirmative action. In the remaining chapters of this treatise the writer will attempt to answer this question as follows: In chapter two, the legislative framework applicable to issues of unfair discrimination and the application of affirmative action is discussed. Chapter three comprises of a detailed analysis of the Barnard decision. In chapters four and five the writer investigates how the Barnard decision informed four recent cases concerning affirmative action and unfair discrimination in the workplace. These discussions enabled the writer to, in the final chapter; conclude that all four cases were indeed informed by the Barnard decision. The Department of Correctional Services case, however, reiterated the Barnard decision to its fullest extent.
- Full Text:
- Date Issued: 2017
- Authors: Delport, Petrus Jacobus
- Date: 2017
- Subjects: Discrimination in employment , Affirmative action programs , Equality
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/15467 , vital:28256
- Description: South Africa’s history as a nation is replete with examples of inequality and unfair discrimination. The working arena was no exception to the rule. In fact, it was one of the areas where inequality was most prevalent. Discriminatory legislation was promulgated under the Apartheid regime. These laws enforced differential treatment of employees along racial lines. After 1994, the newly democratic South Africa, through the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter referred to as the “Constitution”), regarded all people as equal before the law and entitled to equal benefit and protection under the law. National legislation was subsequently promulgated to give effect to this constitutional objective. The Employment Equity Act 55 of 1998 (hereinafter referred to as the “EEA”), specifically, gave effect to all employees’ constitutional right to equality in the workplace. Under the EEA, unfair discrimination was forbidden. The EEA also required employers to implement measures to eradicate the injustices of the past. Subsequent to the enactment of the EEA, the Courts reiterated two tests to determine whether unfair discrimination had taken place in the workplace. It also tested whether an affirmative action measure could justify such unfair discrimination. These two tests, referred to in Harksen v Lane NO and others (CCT9/97) [1997] ZACC 12 (11) BCLR 1489 (CC) (Hereinafter referred to as the “Harksen test”) and Minister of Finance v Van Heerden 2004 (11) BCLR 1125 (CC) (Hereinafter referred to as the “Van Heerden test”), were unfortunately applied by the Courts in an inconsistent manner. This created confusion about which test found application in specific circumstances. The Constitutional Court then clarified the confusion through the South African Police Service v Solidarity obo Barnard (2014) ZACC 23 (CC) (Hereinafter referred to as the “Barnard” decision”). It is important to note that this study does not seek to evaluate the correctness of the Barnard decision, nor does it consider the cases prior to the Barnard decision. Rather, this study considers the extent to which the Barnard decision informed later cases dealing with unfair discrimination and affirmative action. In the remaining chapters of this treatise the writer will attempt to answer this question as follows: In chapter two, the legislative framework applicable to issues of unfair discrimination and the application of affirmative action is discussed. Chapter three comprises of a detailed analysis of the Barnard decision. In chapters four and five the writer investigates how the Barnard decision informed four recent cases concerning affirmative action and unfair discrimination in the workplace. These discussions enabled the writer to, in the final chapter; conclude that all four cases were indeed informed by the Barnard decision. The Department of Correctional Services case, however, reiterated the Barnard decision to its fullest extent.
- Full Text:
- Date Issued: 2017
An investigation into employee empowerment strategies for Small, Medium, and Micro Enterprises (SMMEs)
- Authors: Pandle, Nolubabalo Leeanne
- Date: 2006
- Subjects: Employee empowerment , Business enterprises , Small business -- Management , Affirmative action programs
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:9344 , http://hdl.handle.net/10948/d1012138 , Employee empowerment , Business enterprises , Small business -- Management , Affirmative action programs
- Description: Employee empowerment is a strategy that small business managers can deploy to add value to the business. This strategy is aimed at cultivating the power and ability of employees in their jobs. A business is a business by people working in it though they differ in many ways their contribution to the success of the organization is very important. However, these people are not often recognized as value contributors in the success of the business and for this reason they do not intend to add value to the business and they become demotivated to do their jobs properly. People are the business storehouse of knowledge and they are central to the organization's competitive advantage. Well educated, coached, and highly motivated people are critical to the development and execution of strategies, especially in today's fast-paced market, where top management can no longer assure the business competitiveness in isolation. In the business world, almost all businesses are doing the same, small businesses should strive to do things differently, and the only way that they can achieve that uniqueness is through instilling frankness and liberty to employees so that they act as if the business also belongs to them. The reason behind this success is the strategy the business is using to get into the heart of its customers, and this strategy is “employee empowerment”. People are the business's most underutilized resource; involvement in an organization is no longer a one-way road. In today's corporate environment a manager must work towards engaging the organization forcefully enough to achieve its objectives. New knowledge-based enterprises are characterized by flat hierarchical structures and a multi-skilled workforce. Managers assume more leadership and coaching tasks and work hard to provide employees with resources and working conditions they need to accomplish the goals they have agreed to. In brief, managers work for their staff, and not the reverse and this makes employees feel valued. Small business owners should tap into a new dimension of utilizing employee empowerment strategies in their businesses as these are proficient and are not costly. This paper investigates employee empowerment strategies that can be used by small, medium and micro enterprises (SMME's). An important reason for this investigation is that small businesses have incompetent skilled labour force due to the fact that they operate under a limited budget from which it would be difficult to get skilled workers who will demand higher salaries, as a result they need to put their energies rather on equipping and educating their employees through empowerment, which could at the end make them feel valued and part of the business. It is imperative to firstly assess the current situation of small business commitment to employee empowerment strategies; to what extent do they use employee empowerment strategies in their businesses In terms of the empirical study it was determined that small businesses were not aware of the concept of employee empowerment, but are in actual fact practicing employee empowerment strategies that have been theoretically revealed, according to the researcher’s observation, they were not aware of the impact of employee empowerment in the organization and that they can be implemented into the business. Therefore, by introducing the concept of employee empowerment and the strategies that can be used in small businesses, SMME's can enhance their services to customers, increase productivity and contribute to the welfare of employees to add value to the individual, the business and the country.
- Full Text:
- Date Issued: 2006
- Authors: Pandle, Nolubabalo Leeanne
- Date: 2006
- Subjects: Employee empowerment , Business enterprises , Small business -- Management , Affirmative action programs
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:9344 , http://hdl.handle.net/10948/d1012138 , Employee empowerment , Business enterprises , Small business -- Management , Affirmative action programs
- Description: Employee empowerment is a strategy that small business managers can deploy to add value to the business. This strategy is aimed at cultivating the power and ability of employees in their jobs. A business is a business by people working in it though they differ in many ways their contribution to the success of the organization is very important. However, these people are not often recognized as value contributors in the success of the business and for this reason they do not intend to add value to the business and they become demotivated to do their jobs properly. People are the business storehouse of knowledge and they are central to the organization's competitive advantage. Well educated, coached, and highly motivated people are critical to the development and execution of strategies, especially in today's fast-paced market, where top management can no longer assure the business competitiveness in isolation. In the business world, almost all businesses are doing the same, small businesses should strive to do things differently, and the only way that they can achieve that uniqueness is through instilling frankness and liberty to employees so that they act as if the business also belongs to them. The reason behind this success is the strategy the business is using to get into the heart of its customers, and this strategy is “employee empowerment”. People are the business's most underutilized resource; involvement in an organization is no longer a one-way road. In today's corporate environment a manager must work towards engaging the organization forcefully enough to achieve its objectives. New knowledge-based enterprises are characterized by flat hierarchical structures and a multi-skilled workforce. Managers assume more leadership and coaching tasks and work hard to provide employees with resources and working conditions they need to accomplish the goals they have agreed to. In brief, managers work for their staff, and not the reverse and this makes employees feel valued. Small business owners should tap into a new dimension of utilizing employee empowerment strategies in their businesses as these are proficient and are not costly. This paper investigates employee empowerment strategies that can be used by small, medium and micro enterprises (SMME's). An important reason for this investigation is that small businesses have incompetent skilled labour force due to the fact that they operate under a limited budget from which it would be difficult to get skilled workers who will demand higher salaries, as a result they need to put their energies rather on equipping and educating their employees through empowerment, which could at the end make them feel valued and part of the business. It is imperative to firstly assess the current situation of small business commitment to employee empowerment strategies; to what extent do they use employee empowerment strategies in their businesses In terms of the empirical study it was determined that small businesses were not aware of the concept of employee empowerment, but are in actual fact practicing employee empowerment strategies that have been theoretically revealed, according to the researcher’s observation, they were not aware of the impact of employee empowerment in the organization and that they can be implemented into the business. Therefore, by introducing the concept of employee empowerment and the strategies that can be used in small businesses, SMME's can enhance their services to customers, increase productivity and contribute to the welfare of employees to add value to the individual, the business and the country.
- Full Text:
- Date Issued: 2006
An investigation into the progress made towards achieving employment equity at Calsonic Kansei South Africa (PTY) Limited in terms of the Employment Equity Act no. 55 of 1998
- Authors: Ring, Grant
- Date: 2002
- Subjects: Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10895 , http://hdl.handle.net/10948/104 , Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Description: The key aspect to stimulating economic and individual growth in the workplace has been shown in numerous case studies to be the removal of discrimination. Affirmative Action looks at dealing with, and making amends for past injustices, as well as moving towards equal employment opportunities in a constructive manner. It is about recognizing that people are inherently different whilst trying to achieve a “colour – blind” society. The Employment Equity Act No. 55 of 1998 was put in place by Government to facilitate the implementation of fair workplace practices, which will correct the imbalances of the past as well as creating a workforce, which reflects the demographics of South Africa. The inequalities in employment patterns and practices with respect to access to employment, training, promotion and equitable remuneration especially for black people, women and people with disabilities are addressed in the said Act. The Employment Equity Act is quite specific about the minimum requirements of an organisation’s Employment Equity Plan, which make it easy to identify what progress is being made towards ending discrimination in the workplace. The minimum penalty for contravening the Employment Equity Act is R500 000 and the maximum is R900 000. The question arises as to whether South African organisations are merely implementing Employment Equity policies to adhere to the basic requirements and deadlines of the Act. Or, are these policies genuinely based on commitment to the principles of equality and equal opportunity for all in the workplace. Calsonic Kansei South Africa has put into place various training and succession plans, which will help to achieve the organizational goal of being more equitable in terms of the Employment Equity Act. Employment agency databases have also been analysed to determine the availability of suitably qualified Affirmative Action employees. In this paper the writer will investigate the progress that Calsonic Kansei South Africa has made towards achieving Employment Equity in relation to other organisations within the same industry.
- Full Text:
- Date Issued: 2002
- Authors: Ring, Grant
- Date: 2002
- Subjects: Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10895 , http://hdl.handle.net/10948/104 , Affirmative action programs , Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , Calsonic Kansei South Africa (Firm)
- Description: The key aspect to stimulating economic and individual growth in the workplace has been shown in numerous case studies to be the removal of discrimination. Affirmative Action looks at dealing with, and making amends for past injustices, as well as moving towards equal employment opportunities in a constructive manner. It is about recognizing that people are inherently different whilst trying to achieve a “colour – blind” society. The Employment Equity Act No. 55 of 1998 was put in place by Government to facilitate the implementation of fair workplace practices, which will correct the imbalances of the past as well as creating a workforce, which reflects the demographics of South Africa. The inequalities in employment patterns and practices with respect to access to employment, training, promotion and equitable remuneration especially for black people, women and people with disabilities are addressed in the said Act. The Employment Equity Act is quite specific about the minimum requirements of an organisation’s Employment Equity Plan, which make it easy to identify what progress is being made towards ending discrimination in the workplace. The minimum penalty for contravening the Employment Equity Act is R500 000 and the maximum is R900 000. The question arises as to whether South African organisations are merely implementing Employment Equity policies to adhere to the basic requirements and deadlines of the Act. Or, are these policies genuinely based on commitment to the principles of equality and equal opportunity for all in the workplace. Calsonic Kansei South Africa has put into place various training and succession plans, which will help to achieve the organizational goal of being more equitable in terms of the Employment Equity Act. Employment agency databases have also been analysed to determine the availability of suitably qualified Affirmative Action employees. In this paper the writer will investigate the progress that Calsonic Kansei South Africa has made towards achieving Employment Equity in relation to other organisations within the same industry.
- Full Text:
- Date Issued: 2002
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