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Comply with the DG's Employment Equity Act request or else!

by , 14 March 2014
When it comes to the Employment Equity Act (EE Act), Section 45 deals the consequences of failing to comply with the Director General's (DG) request or recommendation. What you may not know is that this section has changed considerably now that the Department of Labour (DoL) has amended the Act. Here are the changes....

The Employment Equity Act says failure comply with the DG's request or recommendation will result in the following penalties

According to Labour Net, the amendment in the EE Act now stipulates that if an employer fails to comply with a request, the Director General may apply to the Labour Court for an order directing you to comply with the request or recommendation.

If you (employer) fail to justify the failure to comply with the request or recommendation, the Director General may then impose a fine.

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That's not all to penalties for failing to comply with the DG's request or recommendation

Labour Net explains that the EE Act now says if an employer notifies the Director General in writing within the period specified in the request or recommendation that it doesn't accept the request or recommendation, the Director General must institute an application to the Labour Court.

He must do this within:
  • 90 days of receiving the employers notification, in the case of a request; or
  • 180 days of receiving the employer's notification, in the case of a recommendation.

If the DG doesn't institute proceedings in the timeframe stipulated above, the request or recommendation lapses.

Important: 'The introduction of these timeline will give more clarity to employers regarding how to deal with a request or recommendation. But will place a large amount of pressure on the employer to firstly, adhere to both a request and recommendation and secondly, on the Director General to enforce compliance,' says Labour Net.

The best thing you can do to avoid penalties or lengthy processes is to adhere to the EE Act!

If the DG asks you to do the following things, comply.
  • Submit copies of your Employment Equity Plan,
  • Submit any record, book correspondence or information which could be relevant to EE Act;
  • Come to a meeting to discuss your employment equity plan and implementation; or
  • Allow a meeting with an employee or union, workplace forum or other relevant person.

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