employment equity

This week, Ivan Israelstam explains two aspects of the interview and employment process. This article explains what information the law requires a job applicant to provide to the potential employer. Then, what action an employer may take - if they find out that the - now employee - misrepresented any aspect of their qualifications or experience.  Cases are quoted to indicate why it is necessary to follow the correct procedures prior to taking such action. 


Des Squire

South Africa's new Employment Equity Amendment Bill of 2020 has been approved for submission to Parliament. SA's Cabinet says that “The Bill promotes equal opportunity and fair treatment in employment through the elimination of unfair discrimination”. 

This bill re-emphasizes how important it is for companies to actively transform their workplace but this begs the question - which companies are at risk of non-compliance?

The section of the Employment Equity Act that prohibits unfair discrimination applies to all employers. Discrimination means making a choice. Ivan Israelstam provides examples of fair and unfair discrimination, and explains what "inherent requirements of the job" mean.

Not only employers, but also union officials and employees sometimes wonder what the words in the employment legislation mean. This is also seen in differences between the Labour Court and the CCMA and bargaining council arbitrators. This week Ivan provides examples of how the different acts aren't always clear.  

This week Ivan Israelstam looks at the Labour Relations and Employment Equity Acts to find the definition of workplace "victimisation". He answers a number of questions: What does this term mean? What actions by an employer could constitute victimisation? What are the implications for a constructive dismissal claim?

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. 

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.

Employers may feel that issues of sex and gender have nothing to do with running their business. However, the Employment Equity Act has specific prohibitions against unfair discrimination. Such allegations may arise as a result of employee behaviour, but also management decision-making in recruitment and promotion appointments This week Ivan Israelstam explains how the Labour Court has dealt with these cases.

In difficult economic times, employers may consider that reducing the employee complement is a way to save money. Making a wrong choice, such as choosing an older person and expecting them to retire before the company policy retirement age could turn out to be a very expensive exercise. This week Ivan Israelstam explains unfair discrimination.

Ivan Israelstam

The Employment Equity Act amendments now require all employers to ensure that they do not pay employees doing the same, or substantially the same work, different remuneration packages. This applies whether the position is full or part-time (where the rate should be pro-rated according to the hours worked), in different departments, temporary or permanent workers, male or female workers - or any other irrelevant criteria. Ivan Israelstam explains what the employer needs to do to compare jobs.



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