Ten years after passing the Black Economic Empowerment (BEE) Act, 'BEE is set to enter a new phase where black entrepreneurs will be assisted more rigorously to enter the mainstream economy,' the Department of Trade and Industry's Director General Lionel October is quoted as saying on the AllAfrica
But simply implementing unfair black economic empowerment policies to improve your company's standing 'is against the South African constitution', Paul Vecchiatto writes on the Business Day's BDLive website
It's not enough to just implement black economic empowerment policies…
That's because former president FW de Klerk said on Saturday that the constitution 'calls for black economic empowerment and restitution to right the country's wrongs, but does not allow for discrimination [in the workplace] of any sort,' adds Vecchiatto.
So if affirmative action and BEE are implemented in a way that constitutes unfair discrimination in the workplace, it is wrong and unconstitutional.
And this isn't just political talk; it has an impact on your company.
The Department of Labour has increased the number of workplace inspections it's doing, to ensure that employment equity is implemented fairly and without any discrimination in the workplace.
If the Department of Labour conducts an employment equity (EE) inspection of your company, you must have the appropriate EE records ready.
One way to show your company deals with employment equity and discrimination in the workplace fairly
That's why you need to file any written employee complaints to do with an employment equity matter or unfair discrimination in the workplace claim, along with a record of any actions taken in the matter in case of an inspection from the Department of Labour, advises Rachel Paterson in the Labour Bulletin
You should keep this file in your HR department, so it's easy to access if a Department of Labour inspector arrives on your doorstep to do an EE inspection.