affirmative action

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Fines of up to R1 500 000 require desperate measures from defaulting employers reports Ivan Israelstam. The Department of Labour Employment Equity Division is very serious about getting designated employers to comply with the requirements of the Employment Equity Act. If you have failed to meet the 15 January 2018 deadline for online reporting, then read on for Ivan's advice. 


At this time of year, all employers who are "designated employers" in terms of the Employment Equity Act should be finalising their EE reports (EEA2 and EEA4) for submission before 15th January 2018. Therefore, this week's article by Ivan Israelstam is of great interest.  He explains why a Chinese employee is included for the definition of previously disadvantage, how the cases based upon affirmative action have been decided, and points out the very large penalty for a first offence of non-submission of the EE report.


This week Ivan Israelstam explains why it is necessary to ensure that no names with racial meanings are used at the workplace. Also why it is important that employers investigate any allegations of racism at the workplace. Decisions of the Labour Court and a Bargaining Council provide good guidance.


Not all discrimination is unfair. Choosing one employee from a group of applicants is making a discriminating choice between the applicants. As long as there is a valid reason for the choice, for example: in line with an employment equity plan, or on objective qualification requirements, the choice will not be unfair. However, if the decision is not made upon objective grounds, and a court makes a finding of unfair discrimination against your company, this can potentially have serious implications. Ivan Israelstam explains how this may happen and the financial consequences of such a finding.

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