NEWS ALERT: Court rules race-based EE unlawful! Here's how to prevent this from ever happening to you
The Johannesburg Labour Court recently determined that using race-based quota systems in the workplace is unlawful!
Yes, EE is not as clear cut as some would like to believe! And if you get it wrong just one bit, you could be facing massive cases for unfair discrimination, not to mention the unwanted media attention crippling your business's reputation and overall credibility.
So keep reading to find out how you can handle your workplace's Employment Equity in a legally complaint way.
But first, let's take a look at this report in more detail...
So what happened?
As reported by The South African
, Solidarity, a trade union focussing on minority rights within South Africa, recently took the Tshwane Municipality to court over a white-male employee who was overlooked for a promotion purely based on his race.
The Court found that the municipality's inflexibility here, centred around a race-based quota system, was inconsistent with the Employment Equity Act.
According to the union, the Court went on further to state that the Municipality's quota system was purely based on numbers, and not on any measurable targets.
In a statement from Dr. Dirk Hermann of Solidarity: '…It amounts to the subjective exclusion of individuals from the non-designated group. The judgment makes it clear that government departments that do not have employment equity plans cannot hide behind policy documents that do not have proper employment equity and measurable targets.'
What does this mean for you?
From this recent judgement, it has become even clearer just how important it is to have not only a legally compliant EE Plan in place, but specifically one that contains measurable (numerical) targets.
On top of all this, such targets must take into consideration several factors before being implemented, such as scarce skills required and the available pool of suitably qualified candidates. In other words, you can't just go ahead and base them purely on racial demographics!
That's just one of the many factors out there!
To learn more on how to create a legally compliant EE Plan, simply page over to Chapter E 04
in your Labour Law for Managers
handbook, or click here
if you don't already have it.
Preparing an effective EE Plan is one of the most important employment equity duties a designated employer has, failure of which can lead to heavy fines and possibly even unwanted cases of unfair discrimination.
So don't risk being in the dark and click here
to order a copy of this invaluable Labour resource today.
We're here to help your business thrive!
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