In a twist on the old movie industry saying of “hurry up and wait”, designated employers who have been waiting for clarity on the employment equity regulations must now shift into high gear. The long-awaited regulations have officially come into effect, signalling a move from voluntary to mandatory compliance as of [more…]
In Passenger Rail Agency of South Africa v Hoyo [2025] 2 BLLR 160 (LAC) the Labour Appeal Court (LAC) overturned the Labour Court’s (LC) finding that there had been unfair discrimination based on race. In this case, the employee alleged unfair discrimination because of unequal pay on the ground of race in that his [more…]
Workplace harassment remains a critical issue in South African workplaces, with its implications resonating through the social and economic fabric of the country. This article examines the evolution of workplace harassment laws in South Africa, the implementation of training programmes, and the obligations that employers have to create and maintain a safe working environment.
The Employment Equity Act Amendments are scheduled to take effect on January 1, 2025.
IMPORTANT: Please note that the amendments do not affect the current 2024 reporting requirements, that are still based on the existing section 21 of the EE Act.
The amendments will introduce various changes including two more important changes being:
The Minister [more…]
For the purposes of the Employment Equity Act, discrimination may be distinguished from unfair discrimination.
Discrimination occurs when an employer treats a person differently based on physical attributes or other factors such as religion or political belief. The act of treating employees differently may be justified in some circumstances (e.g. years of service may [more…]
The Department of Employment and Labour’s Draft Regulations for the Employment Equity Amendment Act are open for public comment, and employers must understand the changes.
In April 2023, President Cyril Ramaphosa signed the Employment Equity Amendment Act into law. Although the Bill was introduced a year ago, the commencement date is yet to be promulgated.
To address [more…]
GoLegal Provided By ENSafrica By Andi Michalow
Two interesting South African decisions, both dealing with the employment of firefighters, illustrate important principles relating to potential claims where an employee alleges unfair discrimination on the basis of a disability or an analogous ground.
The case of South African Municipal Workers Union obo Damons v City of Cape [more…]
The South African Human Rights Commission (the “Commission”) is mandated by section 184 of the Constitution to promote respect for human rights and a culture of human rights; to promote the protection, development and attainment of human rights; and to monitor and assess the observance of human rights in [more…]
The public service has met employment equity targets for racial quotas, Public Service and Administration Minister Ayanda Dlodlo says.
The government has been struggling to enforce transformation in the private sector, where the white population occupies about 72% of top management positions.
According to the Commission for Employment Equity’s annual report, just more than 73% of top [more…]
The Regulation of Interception of Communication and Provision of Communication-Related Information Act, 70 of 2002 (RICA) has become more commonly associated with cell phone sim card registrations. It is a generally unknown fact that RICA deals extensively with, in addition to the above, communications in the workplace.
RICA regulates an [more…]
ANA reports that the Department of Labour (DOL) on Monday said it was taking six companies to court over breaches of the Employment Equity Act (EEA).
The department’s Inspection and Enforcement Services (IES) branch is taking the companies to court for prosecution for failure to prepare employment equity plans [more…]