Dissertations / Theses: 'Employment Equity Act (South Africa)'

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Mgcodo, Yolanda Thandile. "Affirmative action in terms of the Empolyment Equity Act." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/356.

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The term affirmative action originated in the United States some 30 years ago to describe a process of liberating minority groups. The objective of affirmative action within an organisational context, is to democratise the workplace by enabling members of previously disadvantaged groups to progress higher up the ranks of the corporate world. The affirmative action drive only took off in South Africa when it became part of the democratisation process and the focus was directed towards liberating the historically disadvantaged black majority. Prior to 1994, the reasons for implementing affirmative action programmes were largely political because of the race-based discrimination. Historically disadvantaged people were a minority in senior positions, the reason being that although the blacks were given a chance to compete with their white counterparts, due to their poor education standards and lack of experience only a few was appointed. The Employment Equity Act 55 of 1998 aims to correct the demographic imbalances in the nation’s workforce by compelling employers to remove barriers to advancement of blacks, coloureds, Indians, women and disabled, and actively to advance them in all categories of employment by affirmative action. The Employment Equity Act consists of two main sections. The first replaces and refines the prohibition on unfair discrimination in item 2(1)(a) of Schedule 7 of the Labour Relations Act. The second aspect deals with imposing a duty to the employers to adopt affirmative action programmes. The Employment Equity Act places a positive obligation on all employers “to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice”. Where unfair discrimination is alleged, the onus of proving that discrimination is fair, or practice is not discriminatory at all, rests upon the employer. Disputes about unfair discrimination must be referred to the CCMA, and if not settled by conciliation, to the Labour Court, which has the power to order compensation or the payment iv of damages, or to direct the employer to take steps to prevent the same unfair discrimination or similar practice occurring in the future in respect of other employees. The second section of the Employment Equity Act deals with the imposition of the duty to designated employers to adopt affirmative action programmes. All employers with more than 50 employees, or which have annual turnovers equal to or above the annual turnovers for small businesses of their class, municipalities, organs of state, and those designated as such by collective agreement, must implement affirmative action measures for people from designated groups. This entails consulting with employers, conducting an analysis of employment policies, practices, procedures and the working environment to identify barriers, drawing up employment equity plans and reporting thereafter to the Director-General of the Department of Labour on progress made in implementing the plan. Any employee may bring alleged contraventions of the Act to the attention of the employer, another employee, or any trade union, workplace forum, labour inspector or the Director- General of the Employment Equity Commission. Labour inspectors appointed under the Basic Conditions of Employment Act may enter and inspect employer’s properties and documents, and are responsible for ensuring that the employer has consulted with employees as required, conducted the pre-equity plan analysis prepared its plan and is implementing it, submitted and published its reports, set up the necessary managerial infrastructure, and informed its employees of progress. Should employers be found not to have complied with these requirements, labour inspectors must request a written undertaking that they will do so. If an employer fails to give such an undertaking, the labour inspector can issue a compliance order setting out inter alia what steps the employer must take and when, and the maximum fine, if any, that can be imposed if the employer fails to comply. If the employer does not pay attention to the compliance order within the prescribed period, the Director-General may apply to have it made an order of the Labour Court. The Director-General may also conduct independent ad hoc reviews of selected designated employers. Failure by an employer to comply with the provision of the Act lead to the employer being liable for the contravention of the Act.

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Laher, Ismail. "A critical analysis of employment equity measures in South Africa." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1003195.

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This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.

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Ring, Grant. "An investigation into the progress made towards achieving employment equity at Calsonic Kansei South Africa (PTY) Limited in terms of the Employment Equity Act no. 55 of 1998." Thesis, Port Elizabeth Technikon, 2002. http://hdl.handle.net/10948/104.

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The key aspect to stimulating economic and individual growth in the workplace has been shown in numerous case studies to be the removal of discrimination. Affirmative Action looks at dealing with, and making amends for past injustices, as well as moving towards equal employment opportunities in a constructive manner. It is about recognizing that people are inherently different whilst trying to achieve a “colour – blind” society. The Employment Equity Act No. 55 of 1998 was put in place by Government to facilitate the implementation of fair workplace practices, which will correct the imbalances of the past as well as creating a workforce, which reflects the demographics of South Africa. The inequalities in employment patterns and practices with respect to access to employment, training, promotion and equitable remuneration especially for black people, women and people with disabilities are addressed in the said Act. The Employment Equity Act is quite specific about the minimum requirements of an organisation’s Employment Equity Plan, which make it easy to identify what progress is being made towards ending discrimination in the workplace. The minimum penalty for contravening the Employment Equity Act is R500 000 and the maximum is R900 000. The question arises as to whether South African organisations are merely implementing Employment Equity policies to adhere to the basic requirements and deadlines of the Act. Or, are these policies genuinely based on commitment to the principles of equality and equal opportunity for all in the workplace. Calsonic Kansei South Africa has put into place various training and succession plans, which will help to achieve the organizational goal of being more equitable in terms of the Employment Equity Act. Employment agency databases have also been analysed to determine the availability of suitably qualified Affirmative Action employees. In this paper the writer will investigate the progress that Calsonic Kansei South Africa has made towards achieving Employment Equity in relation to other organisations within the same industry.

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Matshikwe, Lungile Easter. "An analysis of the policy-making process in the Department of Labour with specific reference to the Employment Equity Act, (Act 55 of 1998)." Thesis, Port Elizabeth Technikon, 2004. http://hdl.handle.net/10948/201.

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The research problem in this study was to analyse how the new constitutional, legal and political arrangements have influenced public policy-making in the department of labour with specific reference to the Employment Equity Act. To achieve this objective a theory for analysing policy–making process was presented. Corporatist theory is based on the following assumptions: Public policy is shaped by interaction between the state and interest groups. The state licences behaviour of interested organizations by attributing public status to them Policy-making is based on interest groups bargaining across a broad range of issues. The groups are functionally interdependent to enhance social stability. The groups use consensus in making decisions. Decision-making is centralised, it is done by leaders. The groups are bureaucratic in organization. The groups must be recorgnised by the state so that they can be allowed representation. The research questions that arise are: (1) Who sets the agenda for policy formulation? (2) How is the policy formulated? (3) how are the decisions taken? (4) How is the policy implemented? (5) How is the policy monitored? The objective of this study analyse how constitutional, legal and political changes have influenced public policy formulation in the Department of Labour with specific reference to the Employment Equity Act. Policy–making processes in the South African arena and factors that led to the promulgation of Employment Equity Act were discussed. This study was a qualitative design. Purposive sampling was used in the selection of five participants who were interviewed. All interviews were transcribed verbatim. Data was analysed as described by Rubin and Rubin (1995:260) The result negated some of the assumptions of corporatist theory and others concurred with the theory. The findings of the study revealed that policy formulation in the Department of Labour is as a result of constitutional, and international conventions obligations. The findings further revealed that policy-information is institutionalised and there are competing interests due to divergent ideological orientations, different social backgrounds; racial differences; different; political beliefs; different class background; different historical backgrounds, and gender differences. (v) The formulation of the act was also characterised by advocacy, adversarism, stereotyping, alliances and consensus. These organisations. were bureaucratic and decisions were centralised. This study recommended a theory and the theory postulates that “public policy is the product of the social, economic, political, cultural, technolergical, and natural conditions of a given society in a particular epoch or period in the historical development of the particular nation or society and is influenced by dominant national and international forces and these influences may be cultural, economically, social, politically, technological, and type and system of government.

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Meyer, Malcolm James. "Challenges facing the implementation of the employment equity act in public FET colleges in the Western Cape." Thesis, Cape Peninsula University of Technology, 2014. http://hdl.handle.net/20.500.11838/1949.

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Dissertation submitted in fulfilment of the requirements for the MAGISTER EDUCATIONIS in the Faculty of Education at the Cape Peninsula University of Technology 2014
The apartheid system caused severe pain, injustice and financial loss to the majority of South African people. To redress the aftereffects of racial discrimination in the workplace, the Employment Equity Act (EEA) of 1998 was established. While there is some research on the challenges of implementing the EEA legislation in universities, there is a paucity of research on the difficulties faced by Further Education and Training (FET) Colleges. The purpose of this research project was to investigate the extent to which the EEA has been implemented in public FET Colleges located in the Western Cape Province, with the specific objective of identifying possible barriers to the implementation of the EEA in these Colleges. The research question was: What types of challenges1, or barriers (if any), exist in the implementation of the EEA in public FET Colleges in the Western Cape? This study is informed by critical social theory. The design of research in this study is both qualitative and quantitative. Data were collected from Deputy Chief Executive Officers (Corporate Services), Human Resources Managers and Campus Heads from each of the four Colleges. Semi-structured, open-ended interviews and documentary analysis were used. Data were analysed quantitatively and qualitatively. Four of the six FET Colleges in the Western Cape Province were selected on the basis of their geographical location and the diversity of their personnel. Results revealed that in public FET Colleges in the Western Cape, white males and coloured females dominate top management positions. Data further showed that the Indian group is the least represented at both top and bottom levels of these FET Colleges. Although white females are fewer than their coloured female counterparts in top positions, they are nonetheless more than double the number of their black female counterparts. These results have serious implications for implementation of EEA legislation in general, and in the Western Cape specifically.

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Reed, Stephen Graham. "The challenge of transformation : an analysis of the ethical and strategic need for transformation with special reference to the Employment Equity Act." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53617.

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Thesis (MPhil)--University of Stellenbosch, 2003.
ENGLISH ABSTRACT: Since 1994 South Africa has undergone numerous social and political transformations. Transformation in this country has different meanings for different people, depending on the individuals perspective. The process of transformation has been slow for some, particularly those people who are eager to break away from a past, which has denied them basic individual rights. For others transformation has been too fast and thus a threat to their status quo. In view of this, transformation must be embraced by all through the realisation and admission that the apartheid era was inherently unfair to sections of the population and change must therefore be regarded as the levelling of the playing field. This study focuses on the generation of inequality, the uprooting of this evil and the implementation of equity. In addition, this study particularly focuses on how equity can be implemented in the workplace, why it is important to do so and what are the possible barriers to successful implementation. I will consider some of the theories that may be useful in initiating change. Finally, I will discuss the merits of the Employment Equity Act as legislation to enforce equity in the workplace.
AFRIKAANSE OPSOMMING: Vanaf 1994, het Suid Afrika verskillende sosiale en politieke veranderings ondergaan. Hierdie veraderings het verskillende betekenis vir verskillende mense, afhangend van die individuele se insig. Die proses van veranderings was te stadig vir sommige persone, veral diegene wie angstig was om weg te breek van die verlede, wat hulle ontneem het van hulle basiese individuele regte. Vir andere was die veraderings veels te vinning en was meer 'n bedreiging vir hulle onveranderlike hoë belangrike posisies. Met hierdie faktor insig, moet veranderings omhels word deur almal se opregte beseffing en erkenning dat die apartheid jare se alleen regte vir die een groep baie onregverdig was teenoor die ander groepe, dus moet veranderings aanvaar word as gelykmaking van alle onreelmatinghede. Hierdie studie is die fokus gerig op die jare van vasgevangheid in onregverdigheid en dat hierdie ongeregtigheid kan ontwortel word met die aanbeveling of vervangs van geregtigheid. Die fokus lê veral klem op hoe om gelyke regte by die werksplekke toe te pas.

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Odendaal, Barend Röges. "Implications of the Employment Equity Act and other legislation for human resource planning in Telkom, Western Cape." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51797.

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Thesis (MPA)--Stellenbosch University, 2000.
ENGLISH ABSTRACT: The affirmative action process has accelerated dramatically since the democratisation of South Africa. After the 1994 general election equity became entrenched in legislation. The employment equity legislation together with other labour legislation is there to undo long-standing segregation policies. The Employment Equity Act, 1998, holds unique challenges for organisations to reach their employment equity goals. A limited time period has also been set for organisations to apply a temporary intervention to endeavour to correct the imbalances caused by the apartheid regime. The apartheid legislation, which resulted in 45 years of racial separation, had the adverse effect of denying certain South Africans equal employment opportunities. This caused an imbalance in the labour demographics of South Africa. This study focuses on the effects of the implementation of the Employment Equity Act, 1998, and other legislation on human resource planning within Telkom SA. Telkom SA, being the largest communications company in South Africa, has committed itself to employment equity and has already embarked on an affirmative action programme. However, the various pieces of legislation require certain criteria to be met. With the distortion of the labour demographics, Telkom SA finds has difficulty in finding suitably qualified candidates in certain race groups within the Western Cape. Perceptions of affirmative action have also been negative and this has led to resistance to the process. As soon as a commitment to the process occurs, then all human resources can be utilised effectively.
AFRIKAANSE OPSOMMING: Regstellende aksie het dramaties versnel sedert die 1994 algemene verskiesing van Suid Afrika en gelykheid het deel begin vorm van aIle wetgewing. Die wetgewing op gelyke geleentheid, tesame met ander arbeidwetsgewing is daarop gestel om rasse verwydering te beveg. Die Wet op Gelyke Geleenthede, 1998, vereis dat instansies hulle gelyksheid doelwitte bereik binne 'n gegewe tydperk. Die tydelike tussenkoms om die wanbalans te herstel, wat deur die ou regering veroorsaak is, is van kardinale belang. Die apartheids wetgewing het veroorsaak dat daar na 45 jaar steeds 'n negatiewe uitwerking is vir sekere rassegroepe. Dit het ook veroorsaak dat daar 'n wanbalans in die demografie van Suid Afrika is. Hierdie studie is gemik daarop om die uitwerking van die verskeie wetgewing se uitwerking op die beplanning van die menslikehulpbronne van Telkom SA te ondersoek. Telkom SA, is tans die grootste kommunikasie maatskappy in Suid Afrika en hulle is daarop gemik om gelyke geleenthede te bevorder en het die nodige stappe alreeds geneem ten opsigte van die regstellende aksie plan. Die verskeie wetgewing stel sekere vereistes aan Telkom SA weens die feit dat hulle deel vorm van die aangewese maatskappye soos die wetgewing bepaal. Hulle vind dit moeilik om 'n geskoolde persoon uit sekere rassegroepe te kry, weens die feit dat hulle nie gelyke geleentheid gehad het om te ontwikkel nie. Regstellende aksie is ook negatief ontvang deur sekere werknemers en dit kan die proses vertraag. Sodra persone toegewyd word aan die voordele van so 'n proses, sal die dienste van aIle Suid-Afrikaners effektief gebruik kan word.

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Van, Der Schyff Sihaam. "Challenges facing female executives in the banking sector in South Africa in the post-apartheid period." University of the Western Cape, 2017. http://hdl.handle.net/11394/6387.

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Magister Commercii - MCom (Business and Finance)
The dawn of democracy in South Africa (SA) in 1994 i.e. post-apartheid era came with inherent societal gender deficiencies and in all Sectors of the SA economy women experienced challenges. Specifically in the Banking Sector women were under represented in leadership and executive positions. The legal framework changed to correct the inequalities of the past resulting in various charters encouraging the private and public sector to transform.

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Smit, Karen. "Employment equity : guidelines for the recruitment and selection of people with disabilities in the open labour market." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52258.

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Thesis (MA)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: Until very recent people with disabilities in South Africa were an overlooked and under-utilised pool of labour. Disabled people have been denied the chance to participate in employment opportunities by becoming economically active and hence contributing towards the economy of the country. This is because employers were seldom or never exposed to the employment of disabled people in the open labour market. The result is that employers are uninformed about the benefits of recruiting disabled candidates. Since the establishment of a new democratic order in South Africa in 1994, new legislation that protects the rights of disabled people was implemented. The Constitution of the Republic of South Africa (No 108 of 1996), the Labour Relations Act (No 66 of 1995) and the Employment Equity Act (No 55 of 1998) for the first time proclaimed that it is unlawful to discriminate against people with disabilities. The Employment Equity Act (No 55 of 1998) encourages employers to employ persons from designated groups. These designated groups are black people, women and people with disabilities. To enable employers to successfully recruit disabled people in the open labour market, existing recruitment and selection procedures should be reviewed to remove any discriminatory elements. It is during the recruitment and selection process that the disabled applicant are either denied access to employment or not given a fair chance to compete for a position. Currently the Employment Equity Act (No 55 of 1998) only mentions the terms "people with disabilities" and "reasonable accommodation". This Act does not provide guidelines for employers on how to go about recruiting and employing disabled candidates. Therefore the aim of the study is to present practical guidelines regarding the employment of people with disabilities. These guidelines describe in a non-discriminatory manner the recruitment and selection process, such as reviewing job descriptions, the advertisement of positions, interpreting the disabled candidates' curriculum vitae and interviewing the disabled applicant. The idea of reasonable accommodation within the workplace highlights the use and benefits of assistive devices for disabled persons so that the essential functions of a job can be performed. Exploratory-descriptive research was done with the assistance of questionnaires as an instrument for data collection. To meet the aims of this study, an availability sample of 20 businesses (small, medium and large businesses) which also included government departments in the Cape Metropolitan area was selected. The opinions and attitudes of human resources staff and business owners concerning the recruitment of physically disabled people, persons with hearing impairments, persons with visual impairments and persons suffering from epilepsy, were determined. The research findings reflected and discussed in this study indicate that employers do not have recruitment and selection guidelines available to recruit persons with different disabilities successfully. Conclusions and recommendations are made regarding the knowledge and opinions of employers recruiting people with disabilities. The use of recruitment and selection guidelines will benefit both the employer and the disabled candidate. Such guidelines will enable employers to recruit disabled persons in a fair and consistent manner.
AFRIKAANSE OPSOMMING: Tot onlangs was persone met gestremdhede in Suid Afrika onderbenut in die arbeidsmag. Gestremde persone is verhoed om deel te neem aan werksgeleenthede en kon dus nie aktiewe bydraes lewer tot die ekonomie van die land nie. Die rede hiervoor is omdat werkgewers selde of nooit blootgestel is aan die indiensneming van gestremde persone in die ope arbeidsmark nie. Die gevolg is dat werkgewers onkundig en oningelig is oor die voordele wat die indiensneming van persone met gestremdhede bied. Sedert die ontstaan van 'n nuwe demokratiese bedeling in 1994, is nuwe wetgewing daargestel wat die regte van persone met gestremdhede beskerm. Die Konstitusie van die Republiek van Suid Afrika (Nr 108 van 1996), die nuwe Arbeidswet (Nr 66 van 1995) en die Gelyke Indiensnemingwet (Nr 55 van 1998) het vir die eerste keer verklaar dat dit onwettig is om te diskrimineer teen gestremde persone. Die Gelyke Indiensnemingswet (Nr 55 van 1995) moedig werkgewers aan om persone van agtergeblewe groepe in diens te neem. Hierdie agtergeblewe groepe sluit in swart persone, vroue en persone met gestremdhede. Om werkgewers in staat te stel om persone met gestremdhede suksesvol te werf, behoort huidige werwings- en keuringsprosedures hersien te word ten einde diskriminerende faktore te elirnineer. Dit is tydens die keuringsproses dat persone met gestremdhede of verhoed word, of die regverdige kans gegun word om te kompeteer vir 'n betrekking. Die Gelyke Indiensnemingswet (Nr 55 van 1998) noem slegs die terme "persone met gestremdhede" en "redelike voorsorg". Hierdie wet verskaf nie riglyne aan werkgewers oor hoe om werwing en keuring van persone met gestremdhede te behartig nie. Die doelwit van die studie is dus om praktiese riglyne aangaande aanstelling van persone met gestremdhede daar te stel. Hierdie riglyne beskryf die wyse van werwing en keuring op 'n niediskriminerende wyse, soos die hersiening van posbeskrywings, advertensies van betrekkings, die interpretering van gestremde persone se curriculum vitae en die voer van onderhoude met gestremde applikante. Redelike voorsorg beklemtoon die gebruik en voordele van hulpmiddels vir persone met gestremdhede sodat die essensiele werksfunksies verrig kan word. Verkennende beskrywende navorsing is gedoen met behulp van vraelyste om inligting te bekom. Vir die doelwitte van hierdie studie is 'n beskikbaarheidsmonster van 20 besighede (klein, medium en groot besighede), wat regeringsdepartemente ingesluit het in die Kaapse Metropolitaanse gebied gekies. Die menings en opinies van menslike hulpbronne personeel, en besigheidseienaars rakende die werwing van persone met fisiese gestremdhede, persone met gehoorgestremdhede, persone met gesigsgestremdhede asook persone wat aan epilepsie Iy, is vasgestel. Die navorsingresultate van hierdie studie dui aan dat werkgewers tans nie werwings- en keuringsriglyne benut wanneer persone met gestremdhede in diens geneem word nie. Gevolgtrekkings en aanbevelings oor die menings van werkgewers rakende die werwing van gestremde persone, is gemaak. Die gebruik van werwings en keuringsriglyne behoort beide die werkgewer en die gestremde kandidaat te bevoordeel. Hierdie riglyne sal werkgewers in staat stel om persone met gestremdhede op 'n regverdige en eenvormige wyse aan te stel.

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Papu, Mzimkulu Gladman. "The obligation on employers to effect affirmative action measures." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19738.

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Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.

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Bekwa, Noluvuyo Margaret. "Assessing reasons for non-compliance to the requirements of the Employment Equity Act no. 55 of 1998 : case study of the dietetics department within Tygerberg Hospital." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85573.

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Thesis (MPA)--Stellenbosch University, 2013.
ENGLISH ABSTRACT: The relevance of employment equity has been widely debated. This study is of the view that affirmative action is the core factor in realising compliance to and implementation of employment equity. The study was aimed at investigating why Tygerberg Hospital has not complied with the implementation of the Employment Equity Act (EEA) No 55 of 1998 specifically with regards to the field of Dietetics. Research questions have been formulated, relying on literature which includes guiding legislation and policies. Recruitment and selection processes applicable to the dietetic department were analysed and linked with the consulted literature. Role of transformation in transforming the institution was part of the study to ascertain the scope of transformation in managing diversity within Tygerberg Hospital. A combination of data collection tools was used in the study, including interviews and questionnaires to better understand the underlying reasons of non-compliance. The fundamental findings of the study showed that even though policies and legislation had been formulated, there are underlying issues to be addressed by the institution, such as language barriers and personal perceptions of the institution which could subsequently be improved through effective diversity management strategies. It is recommended that the institution will have to come up with a short-term, measurable plan to ensure compliance such as an institutional employment equity plan, appointment of a transformational officer who will focus on managing the institutional diversity management, and an internal capacity building unit to carry out institutional training and development as opposed to the current system. To ensure monitoring and evaluation compliance on employment equity, it is recommended that the responsibility be linked to the performance plan of the senior managers as well as the line manager of the dietetic department. By so doing failure to comply will result in a poor performance assessment outcome of the delegated authority, compliance enforced through departmental disciplinary procedures.
AFRIKAANSE OPSOMMING: Die toepaslikheid van billike indiensneming is al wyd gedebatteer. Hierdie studie is die mening toegedaan dat regstellende aksie die kern faktor is om nakoming van en die implementering van billike indiensneming te bereik. Die studie was daarop gemik om ondersoek in te stel waarom Tygerberg Hospitaal nie voldoen het aan die implementering van die Indiensneming Gelykheids Wet No 55 van 1998 nie, spesifiek met betrekking tot die veld van Dieetkunde. Vrae in die navorsing was geformuleer, gebasseer op literature wat rigtinggewende wetgewing en beleid insluit. Werwing en seleksie prosesse van toepassing in die Dieetkunde Departement was ontleed en gekoppel aan die toepaslike literatuur. Die rol van transformasie in die transformering van die inrigting het deel uitgemaak van die studie om die omvang van transformasie te bepaal, rakende die bestuur van diversiteit binne Tygerberg Hospitaal. ‘n Kombinasie van data versameling metodes was in die studie gebruik. Dit het onderhoude en vraelyste ingesluit om die onderliggende redes vir nie-nakoming te verstaan. Die fundamentele bevindinge van die studie het getoon dat ongeag die feit dat beleid en wetgewing geformuleer was, daar onderliggende aspekte was wat by die inrigting aangespreek moet word, soos taal-hindernisse en persoonlike persepsie oor die inrigting en wat gevolglik verbeter kan word by wyse van ‘n effektiewe uiteenlopende bestuursstrategie. Dit word aanbeveel dat die inrigting navore moet kom met ‘n kort-termyn en meetbare plan ter versekering van ‘n institusionele billikheidsindiensneming plan, die indiensneming van ‘n Transformasie Beampte wat sal fokus op bestuur van die inrigting se diversiteit en ‘n interne eenheid om die vermoë van die inrigting se opleiding en ontwikkeling uit te voer in teenstelling met die huidige sisteem. Om monitoring en evaluasie van billike indiensneming te verseker, word dit aanbeveel dat dié verantwoordelikheid gekoppel word aan die werkverrigtingsplan van Senior Bestuurders asook dié van Lynbestuurders van die Dieetkundige Departement. Mislukking om hieraan te voldoen sal lei tot ‘n swak werkverrigting evaluering resultaat van die aangewese outoriteit. Voldoening hieraan sal afgedwing moet word deur departementele dissiplinêre prosedures.

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12

Erwee, Jurie J. J. "A psychometric assessment of the Temperament and Character Inventory in a South African sample of police recruits." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46109.

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The current investigation is post-hoc in nature and is nested in a larger research project, which aimed to explore and compare the personality characteristics, coping mechanisms and psychological well-being of South African and Swedish police trainees. The purpose of this particular study was to explore the psychometric properties of the Cloninger’s Temperament and Character Inventory (TCI) in a sample of South African Police trainees. A literature review highlighted that the TCI has the potential to be applied across various cultures without the risk of any ethnic or gender bias; this characteristic is attributed to the theoretical model underlying the TCI, which assumes that personality consists of seven universal factors, which manifest in an invariant manner across all humans. Despite this, the majority of international research focussing on the TCI version nine has been undertaken with primarily European populations and Eastern populations. Research exploring the construct equivalence, factor structure and the level of instrument bias of the TCI in any African is virtually non-existent. The current study endeavoured to address the aforementioned knowledge gap by exploring the psychometric properties of the TCI in a multi-cultural South African sample. The primary goal of the research endeavour was to explore whether the TCI can in the future be established as a valid and reliable personality assessment measure in a multi-cultural context like South Africa. Literature indicates that in the current South African psychometric context personality measures should adhere to the stipulations of the employment equity act (EEA), which especially in its amended form requires fair and just measurement. Studies such as this one can be used to adjudicate whether the TCI has the potential to be used as a fair and reliable measure, which does not violate the stipulation of the employment equity act. In this way the measure may contribute to provide evidence which can be used to make fair, just and reliable decisions not only in the South African Police Service, but also within the general public. A quantitative investigation was conducted using analysis base on Item Response Theory, specifically the Rasch model, which is considered more accurate than Classical Test Theory in assessing the psychometric functioning of dichotomous personality assessment measures. The analyses rendered information with which the researcher was able to evaluate the validity, reliability, levels of gender and cultural bias, as well as the factors rendered by the TCI. The research sample was a convenient one, comprising 1144 police trainees whom completed a test-battery of four tests, which included the TCI. The results derived from this investigation show that the primary TCI scales each measured a single factor, the presence of these factors among the current sample provide some support for the universality of the TCI; however most of these scales showed a high level of bias when measuring their respective constructs across ethnic and gender groups. The results also pointed out that numerous items and sub-scales possess a considerable level of ethnic and gender bias. There was also no attempt made to investigate the reasons underlying bias, bias may yield important information about cross-cultural differences and can also be seen as a phenomenon that requires explanation (Poortinga and Van der Flier, 1989), which means that the study created a launch pad for future investigations to explore the sources of bias. These findings have stern implications for the larger research project, as it might decrease the validity of findings derived from comparing scores across groups within the current sample, and to a lesser degree if the performance of the current sample is compared to that of the Swedish sample. It can also be argued that another implication of the study’s findings is that the information derived from the TCI cannot legally be used to make clinical or selection decisions based partially on the personality profile of individuals; however the convenient nature of the sample limits the generalizability of the investigation’s findings. This means that additional research is first required before the legitimacy of the use of the TCI in a South African context can be evaluated.
Dissertation (MA)--University of Pretoria, 2014.
tm2015
Psychology
MA
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Sinuka, Zamile Hector. "Affirmative action as a strategy for social justice in South Africa." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20362.

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The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.

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Zondi, Dumisani. "The effectiveness of the Employment Equity Act (Act 55 of 1998) in the public service with reference to the Department of Agriculture 2000-2006 : a South African perspective." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/30366.

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The study involves an assessment of the effectiveness of Employment Equity Act, 55 of 1998 (EEA) in the South African public service, with specific reference to the Department of Agriculture (DoA) and problems the DoA encounters in realising the main objectives of the abovementioned Act. The research comprises both normative and empirical aspects of the EEA in the public service (specifically DoA). Employment Equity Act (Act 55 of 1998), in the agriculture sector has produced mixed results. There is a perception that the number of women in middle and senior management positions has slightly improved, as appears in the DoA organisational chart. Others perceive the Act as flawed in its design and implementation, due to the fact that the number of disabled employees in the middle and senior management levels is hardly visible on the organisational chart. The purpose of this research is to ascertain whether the DoA has been able to meet or implement the dictates of the EEA. Mostly, this research aims to look at ways in which the EEA can best be implemented, so that it functions as effectively as possible and to ensure that the Act yields the desired results. The fact that the DoA has not managed to reach the EEA target to employ disabled and women (though the number of women in senior positions has slightly improved) to senior positions, necessitates the need of this study. And mostly by the fact that EEA plays a pivotal role in ensuring equity in the DoA, which has in the past been perceived by some as the one dominated by a certain racial group. The specific objectives of this study are:

To explore difficulties that adversely impact on the effectiveness of the Employment Equity Act, 55 of 1998 in Department of Agriculture especially with regards to disabled officials.
To determine if there is a disparity in the views of management and employees (both able-bodies and disabled employees) with regard to the effectiveness of Employment Equity Act, 55 of 1998 and problems experienced.
To established levels of satisfaction of employees (designated groups)with the Employment Equity Act, 55 of 1998 and employees within the work environment.

This study will also make use of qualitative and quantitative research methods. Both Primary and Secondary research will be conducted to obtain the information needed to meet the objectives of the research. This research is important for the DoA because, the issue of EEA and other related issues such as Affirmative Action (AA) have been a thorny issue to others, while others embrace it. The importance of this research is further exacerbated by the fact that it sets forth a clear picture of the impact the Act in question made in its quest to ensure equity in the workplace. In summary this study attempts to shed some light on the effectiveness of EEA and to determine whether the desired effects of EEA have been achieved by the DoA.
Dissertation (MAdmin)--University of Pretoria, 2010.
School of Public Management and Administration (SPMA)
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15

Andrews, Hilda. "Transformation amongst staff and students at the University of Cape Town: Challenges and Prospects." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9689_1259737394.

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This research is an evaluative case study of transformation in a Historically White University in South Africa. The research occurs within the context of redress against the inequality and exclusion created by the legacy of apartheid. The research is a qualitative and quantinative study. it is based on based on desk research and include a literature review. Internet search as well as an analysis of key organisational and policy context documents such as reports, projects and surveys are used. semi-structured interviews was held with a sample of staff.

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Hermann, Dirk Johannes. "Regstellende aksie, aliënasie en die nie-aangewese groep / Dirk Johannes Hermann." Thesis, North-West University, 2006. http://hdl.handle.net/10394/1580.

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Warnat, Amber E. "Intersectionality and employment equity in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/11959.

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Includes abstract.
Includes bibliographical references.
The objectives of the South African Employment Equity Act include providing equal opportunity in the workplace. However, the existing methods for achieving equality of opportunity have been unsuccessful because they do not engage sufficiently with the complexity of, and reasons for, inequality in the workplace. This thesis argues that the body of literature on intersectionality has great potential to contribute to the process of improving equality of opportunity. Derived from the literature, an intersectional analysis offers employers a way to engage with the complex nature of inequality, by obtaining a fuller, more nuanced and specific understanding of the phenomenon in a particular place of work. In this way, profound and effective solutions can be found. The thesis offers background on employment equity in South Africa and an overview of intersectionality, which reveals its value as a theoretical paradigm. It then describes the development of instruments to be used to analyse (in)equality of opportunity in a workplace.

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Helm, Heinrich. "Proportionate income differentials: a long walk to social justice. A case study on the Entgeltrahmenabkommen (ERA) Baden-Wuerttemberg, a general agreement on pay grades, that seeks to achieve pay equity in this region of the German metal and electrical industry and a critical evaluation of how this model can assist in the implementation of section 27 of the Employment Equity Act (EEA) of South Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27531.

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Vertical income differentials between occupational levels in South Africa are among the highest in the world. Under apartheid skilled work performed predominantly by white employees was artificially overvalued, while unskilled work performed predominantly by black employees was systematically undervalued. These discriminatory social and legal norms laid the foundation for the existent disproportionate income differentials. The post apartheid government headed by Nelson Mandela acknowledged the existence of the apartheid wage gap. They were mindful that the vertical pay gap need not only be ‛deracialized', but needs to be eradicated. In this regard the South African Constitution of 1996 and the Employment Equity Act of 1998 (EEA) underpins the demand for non-discriminatory pay structures. Section 27 of the EEA was enacted to address disproportionate income differentials, but has not yet been adequately implemented. The purpose of this thesis is to consider whether the Entgeltrahmenabkommen (ERA) (a general agreement on pay grades) which resulted in the redesign of the pay structure in the German metal and electrical industry correcting long-standing pay differentials between socalled blue and white collar workers, can add value to the implementation of section 27 of the EEA. The thesis consists of six chapters. After the introduction chapter, chapters 2 and 3 consider the historical and current context of income inequality in South Africa; and chapters 4 and 5 provide a detailed analysis of the ERA in Germany and the recommendations that derive from the ERA. Chapter 6 concludes the thesis. There are important lessons to be derived both from the drafting and the implementation phases of the ERA. The ERA process revealed that being conscious of the different challenges that might arise in each phase is a prerequisite for success. The development of norms and benchmarks in the drafting phase minimised pay discrimination. The implementation phase of the ERA showed that prejudicial views and attitudes can hinder the complete eradication of discriminatory payment practices if sufficient heed is not paid to their strong influential role. This thesis concludes that the lessons derived from the implementation of the ERA can assist in introducing proportionate vertical income differentials as required by section 27 of the EEA.

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Delport, Gerhardus Jordaan. "The constitutionality of Section 14 of the Employment of Educators Act." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/15479.

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The Department of Education, as part of the public sector, employs educators in terms of the Employment of Educators Act (EEA),1 whereas the rest of the public servants are employed in terms of the Public Service Act (PSA). If an educator is absent for more than 14 consecutive days without the permission of the employer, the educator is deemed to be discharged according to section 14(1)(a). With regard to the rest of the public sector, a similar provision is put in place, where section 17(5)(a) provides for the discharge of a public officer who is absent from his / her duties without the permission of the Head of Department for a calendar month (31 days). Sometimes long absent periods are caused by personal circumstances of the employee which are unforeseen. If the employee reports for duty after the dismissal, section 14(2) of the EEA provides that, the employee may be reinstated by the employer on good cause shown, after a post-dismissal hearing. If an employee in the public sector is discharged based on these deeming provisions, the employment is terminated by the operation of the law and there is no dismissal. This means that the employer is not responsible for the termination, meaning than there exists no option to review the dismissal. The supreme law of the Republic of South Africa (RSA) is the Constitution of the Republic of South Africa (the Constitution).5 The question at hand is whether the deeming provision of section 14 of the EEA6 is constitutional. The Labour Relations Act (LRA) goes further by stipulating that every person has the right not to be unfairly dismissed, and not to be subjected to unfair labour practice.7 Section 23 of the Constitution provides that everyone has the right to fair labour practices. Furthermore, section 33 of the Constitution provides for fair administrative action. The question is whether these provisions, dealing with the dismissal of educators, limit the employee’s constitutional right to a fair labour practice.

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Mnguni, Sihle. "The application of section 17 of the Employment of Educators' Act." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.

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The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment Act.

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21

Van, der Walt Johann. "The impact of the Administrative Adjudication of Road Traffic Offences Act on the employment relationship." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1038.

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The focus of this dissertation is the impact that the Administrative Adjudication of Road Traffic Offences Act 45 of 1998 (AARTO) will have on the employment relationship between employers and employees. AARTO was promulgated in order to, amongst other things; assist with the streamlining of the traffic offence administration and the collection of payable fines for traffic infringements. Very little has been written with regard to the implications of AARTO on the employment relationship. The purpose of this dissertation is to unpack the mechanics of AARTO, and further to provide the writer’s view on its impact, problems and possible solutions, of the employment relationship within the South African Labour law framework. The writer will attempt to reconcile the Labour Relations Act and AARTO insofar as it impacts on the employment relationship, more especially the termination thereof. Writer will set out the provisions of AARTO and the sections pertaining to the allocation of demerit points on an individual driver’s licence. Unfortunately for the sake of completeness the writer will deal with the majority of sections in AARTO to provide a better understanding of the mechanisms envisaged by the Act to bring about the demerit points. It is writer’s view that dealing with the allocation of demerit points in vacuum will not provide the reader with a clear understanding of the impact of AARTO on labour relations. With regards to the actual implications that AARTO will have on the employment relationship writer has taken it upon himself to provide a categorization of employees in the broad sense and thereafter to discuss the impact of AARTO on the different categories of employees. More over the writer will examine the different categories of dismissal specifically misconduct, incapacity and operational requirements as well as the impact and applicability of AARTO thereon. vi The writer will also attempt to deal with peripheral issues that arise as a spinoff or AARTO insofar as employment relationships are concerned.

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22

Groenewald, Annaline. "An analysis of development strategies aimed at meeting employment equity objectives within Medscheme." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/515.

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South Africa has undergone major social and political changes over the past two decades. In addition, new legislation in the form of the Employment Equity Act (No. 55 of 1998), which regulates employment practices in an attempt to make the workplace a true reflection of the South African population, was introduced to employers. The implementation of this Act has a major impact on organisations in South Africa and definitely influences the way in which they do business. Organisations, large and small, in every sector are being squeezed in all dimensions. They compete for customers whose expectations of quality, price and service are constantly increasing. Throughout the world, education, training and equitable working practices are recognised as essential ingredients to compete successfully and to ensure high performance practices. This research paper investigates whether the employee development strategies at Medscheme (the organisation selected for this study) are aimed at meeting employment equity objectives. An important reason for the investigation is that globalisation and the need for organisations to gain sustainable competitive advantage require new and different approaches for the recruitment, training, development and retention of employees with key skills. The key to success will, however, be for organisations in South Africa to find a middle way between ensuring equity, while remaining competitive. In order to achieve the objective of the research, the following approach was followed: Firstly, a comprehensive literature study was conducted to determine the legislative basis for equity and employee development; Secondly, a survey of literature dealing specifically with employee development initiatives available to organisations was conducted; Thirdly, the views of the employees within Medscheme were obtained to determine to what extent the organisation implemented the Employment Equity Act and what development strategies are used to facilitate the Abstract iv development of individuals from the previously disadvantaged designated groups to equip them for future positions in senior and top management; and, Lastly, the responses to the questionnaire were analysed to determine the extent to which Medscheme’s employee development strategies support the objectives of the Employment Equity Act.

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Joseph, Gavin David. "An investigation into the impact of employment equity within Telkom: Eastern Cape." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/192.

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As a country, South Africa has undergone major social and political changes, specifically over the past two decades. Along with these changes, new legislation such as the scrapping of the Group Areas Act, changed the face of residential areas to one where suburbs now reflect the demographics of the country. Inevitably, changes in the business world also came about, one significant change being the promulgation of the Employment Equity Act (No.55 of 1998) which regulates employment practices in an attempt to make the workforce a true reflection of the South African population. The change in labour legislation came at a time when the effects of globalisation increased levels of competition amongst organisations. Understandably, certain business leaders raised concerns that the introduction of the Employment Equity Act could lead to a lowering of standards and therefore competitive advantage. The purpose of this research was to establish if these early concerns were indeed valid and if the implementation of this legislation had any negative impact on Telkom SA Limited (Telkom), the organisation selected for this study. Particular attention was paid to investigate the impact of the implementation of the Act on three critical areas of business, namely: Productivity; Profitability; and Customer satisfaction. In order to achieve the objectives of the research, the following approach was followed: Firstly, a comprehensive literature study was conducted to determine what led to the passing of this legislation and to establish what the literature revealed about the advantages and challenges of a diverse workforce; Secondly, the views of Telkom management in the Eastern Cape on the impact of the implementation of employment equity were obtained by means of an empirical study which involved the completion of a comprehensive questionnaire; and Lastly, the responses to the questionnaire were collated and analysed to determine the extent to which Telkom had implemented the legislation, and if the company had experienced any negative effects due to this implementation.

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Van, der Heyden Chrizelda Colleen. "Employees perception of employment equity fairness within a mining organisation in South Africa." Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/4303.

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Magister Commercii (Industrial Psychology) - MCom(IPS)
After the 1994 elections South Africa had to undergo drastic changes for it to become a more just society to address past injustices experienced by various ethnic groups. Issues such as equality and social justice have frequently appeared on top of various organisations’ agenda. The South African Government realised legislation was of paramount importance to guide organisations in promoting justice in the workplace. These changes in the legislation have had several impacts on organisations operating in South Africa, namely turnover, recruitment and retention of employees in the workplace. Attempting to preside over the promotion of social justice and eliminate inequalities experienced in the workplace, Government realised it had to intercede, not only to prevent additional discrimination, but also to promote the employment and advancement of individuals who were disadvantaged by previous policies. The Government therefore in 1998 implemented the Employment Equity Act to fulfil a constitutional mandate to prohibit discrimination in the workplace and encourage Affirmative Action (AA) measures. Describing and explaining the role of fairness as a concern in the workplace, the term organisational justice was coined. Individuals will base fairness judgements by taking into consideration the actual decision or the procedures used to reach a decision. Organisational justice can be divided into distributive, procedural and interactional justice. Organisations in South Africa face the challenge of finding ways to implement EE strategies to gain competitive advantages without creating negative employee attitudes; attention will focus on how to overcome the barriers that hinder the successful implementation of EE practices and procedures.

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Dweba, Thandeka. "A study of the implementation of Employment Equity at the Engcobo Local Municipality." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1008410.

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Rationale: It cannot be denied that there has been improvement in demographic representation in South Africa since the implementation of the Employment Equity Act 55 of 1998. Whilst there may still be room for improvement, especially on employer attitudes towards the implementation of employment equity, improved representation of the Previously Disadvantaged Groups has evidently appreciated, however, marginally. Research purpose: This study sought to explore stakeholder perceptions as to why Engcobo Local Municipality had not successfully implemented the Employment Equity Act. Research design, approach and method: This exploratory study was conducted at Engcobo Local Municipality on Councillors, Managers, Key Employees and representatives of Organised Labour. Main findings: a) Engcobo Local Municipality was found not to have complied with various aspects of the Employment Equity Act; b) Respondents mainly believed that failure to implement the Employment Equity Act by Engcobo Local Municipality was due to lack of capacity on the part of the municipality‟s stakeholders; c) Different countries followed different models in the implementation of their Employment Equity, depending on the peculiarity of their circumstances; and d) The most appropriate change management model on which the implementation of the South African Employment Equity is modelled is Hayes‟ Generic Change Management Model. Managerial implications: Future research may be that the municipality can benefit from the recommendations made by the respondents with regard to what they believe needs to be done to remedy the situation. Some of the suggestions include the intensification of communication, establishment consultative structures to facilitate communication and the capacitation of stakeholders to ensure that they understand their responsibilities regarding the implementation of the Employment Equity Act. Contribution: The contribution of the research is supporting the current knowledge base of stakeholders towards the implementation of the Employment Equity Act. Proactive implementation measures should be taken to ensure that people who should benefit from the implementation of the Act are not disadvantaged by the municipality‟s failure to implement the Act. The introduction of the alignment with human resource management practices that complement the implementation of Employment Equity, could overcome the barriers currently being experienced in the effective implementation of the Employment Equity Act.

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Moodaley, Antonio. "An analysis of the proposed amendments to the Labour Relations Act and other employment legislation." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021117.

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South Africa’s Labour Laws should undergo drastic changes in 2014 when new amendments take effect. The bills amend the Labour Relations Act 66 of 1995 (LRA), Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Employment Equity Act 55 of 1998 (EEA). These amendments originate from the increasing “casualisation” of work prevalent in the South African Labour market and aim to address the phenomenon of labour broking, the continuous renewal of fixed-term contracts and unfair discrimination regarding wages amongst others. The legislature effected additional amendments to these Acts to align them with new developments, to improve the functioning of the Commission for Conciliation, Mediation and Arbitration (CCMA) and to fulfil South Africa’s obligation as a member of the International Labour Organisation (ILO). 1 In addition, the amendments attempt to clarify the wording of the Labour Relations Act (LRA) to elucidate numerous significant judicial interpretations of various provisions of the current Act as well as to close what some believe to be loopholes in current legislation. There are differing views on the possible effects the amendments could have on the country; some believe that it will damage business while others believe it will affect job creation. 3 According to Bosch, the amendments allow employers flexibility without depriving employees of rights properly due to them. 4 The researcher emphasises topical issues such as the need for temporary employment services, entitlement to organisational rights and the abuse of fixed-term contracts and further discusses, to a lesser extent and focusing on discrimination, the Basic Conditions of Employment Act5 (BCEA) and the Employment Equity Act6 (EEA).

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Mosola, Sehlotsa Innocentia. "Implementating employment equity in the Department of Home Affairs, Transport and Education, Eastern Cape Province." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/218.

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This research was undertaken to investigate the challenges faced by employees at the Home Affairs Department, the transport Department and the Department of Education at King Williams Town in the Eastern Cape Province. A quantitative approach was used in this research. The sample consisted of 100 respondents of whom 98 returned completed questionnaires. The answers of the respondents were the data of this study and these were analyzed and interpreted in respect of the hypotheses of the research. The research involved the collection of detailed career, personal and structural perceptions of 98 employees. The data was used to establish the disparity among employees, from lower management to top management. It was found that even though there was a problem of discrimination in the olden days there has been a change in the sense that employment equity, affirmative action and diversity management have been introduced since 1994.

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Kutumela, Malose Titus. "Legislative framework governing labour broking in South Africa." Thesis, University of Limpopo (Turfloop Campus), 2013. http://hdl.handle.net/10386/1134.

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Thesis (LLM (Labour law)) --University of Limpopo, 2013
The study will analyse section 198 of the Labour Relations Act of 66 of 1995. The section is the founding provision of labour broking and also provides for joint and several liabilities between the client and the broker in instances of infringement of this section. The utilization of labour brokers in South Africa has sparked debates between various stake-holders, with the other side arguing that labour broking should be banned it diminishes the rights of employees. In order to resolve the challenge relating to labour broking the study will make comparative analysis with the Namibian jurisprudence. The study takes full cognize of legislative framework governing labour broking and determines whether the available legislation provide full protection of labour rights. Through case law the study will highlight the constitutional challenges o labour broking in South Africa and challenges faced by employees employees employed through labour broking. The study concludes tht the regulation of labour broking is appropriate as the industry creates employment nd thus alleviates poverty and that the total ban labour broking in South Africa would be detrimental to those who seek employment without the necessary skills and qualifications.

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Gotyi, Zamikhaya Gladwell. "Investigating the implementation of the employment equity plan at Amatola Water Board in the province of the Eastern Cape." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1016268.

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With the advent of democracy in South Africa in the early 1990s, the new government had to introduce major social, economic and political changes in order to undo the damages inflicted by many years of both colonialism and apartheid. These changes included the scrapping of discriminatory legislations and drafting of new laws to regulate employment practices. Amongst the pieces of legislation that the new South African government put in place, the Employment Equity Act, (Act 55 of 1998) was a major turning point in the elimination of discrimination at the workplace and redressing the injustices of the previous regimes. The Act is aimed at regulating the employment practices in an attempt to make the workplace a true reflection of the South African demographics. As a result, the promulgation of the Act had a major impact on the organisations in South Africa and has affected the way they now do business. Although the Act has been in existence for 14 years, progress in the implementation of employment equity and affirmative action in organisations in South Africa has been far less significant, particularly in the representation of women in managerial positions. In South Africa, an overwhelming majority of managerial positions are still occupied by men, with marginal women occupying management positions. Thus, women are still experiencing discrimination and under-representation at the workplace. Noting this trend at Amatola Water Board, the researcher decided to investigate the extent of progress the organisation has achieved in the implementation of its Employment Equity Plan 2009-2014. The objectives of the study were to identify factors that could assist the organisation to effectively implement the Plan, identify the impediments that pose challenges to effective implementation of the Plan in the organisation, and establish the perceptions of employees on the implementation of the Plan in the organisation. To collect data for the study, the researcher used a qualitative research approach. In this regard, the researcher used questionnaires and interviews to collect qualitative data. A sample of fifty employees was selected for the administration of questionnaires and four additional employees were selected for interviews. Both samples were selected by purposive sampling. The study has established that employment equity is still a challenge that South African organisations are struggling to implement. The study has revealed that, at Amatola Water Board, there are indeed various factors that contribute to the low representation of women in managerial positions. These factors include the lack of management support for the implementation of the Employment Equity Plan, recruitment processes that fail to recruit sufficient numbers of qualified applicants, training and development practices that fail to produce the required number of qualified employees, unconducive organisational culture, veiled racial and gender stereotypes, and inadequate communication. Suggestions and recommendations to address these challenges have been espoused.

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Andersson, Lisa, and Erik Gardeström. "Equity and equality in HR-work in South Africa. : HR professionals’ perspective." Thesis, Umeå universitet, Pedagogiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-86438.

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In this thesis we have studied equality and equity from an HR perspective in South Africa. The study is partly made from an inductive approach and an analytical interpretation in line with hermeneutic has been used. The data is mainly contracted from interviews with HR professionals within various South African organizations. A mix of snowball and convenience sample has been used and among our respondents there are a variety and mix of the following variables: gender, position (manager/practitioner), race (blacks/white) and organization sector(public/parastatal/private). Our main findings are that equality and equity are highly debated topics and that the laws regulating them have a major effect on the HR professionals’ dailywork. The study gives us various perspectives of employment equity but a majority of our respondents do believe that the regulation of employment equity is needed. We find that there are obstacles for achieving equality in South African workplaces and our respondents have given us examples of different ways of how to tackle them. Many of our respondents are also of the opinion that there is a lack of implementation of the regulations and that it is time to rewrite several Acts.

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Manciya, Sixolise. "The impact of the new co-operative act on employment and poverty reduction: a case study of sorghum producers in the Eastern Cape province." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/d1001026.

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In general, traditional co-operatives suffer from free-rider, horizon, portfolio, control and influence problems that starve them of both equity and debt capital. Evidently, the factors which constrain agricultural development also inhibit co-operative development in the former homelands. These factors include socio-economic as well as political factors operating in the environment of the cooperatives. In addition to these external factors, co-operatives have several internal problems such as inefficient management and lack of understanding of the co-operative concept and principles. The New Cooperative Act No. 14 of 2005 was an attempt at addressing these fundamental problems. The purpose of this study was to analyze the extent towhich cooperatives organized on the basis of this new Act have performed and to ascertainwhether or not they have met the expectations of the policy makers. In order to address these issues a structured questionnaire was used to interview 100 farmers. Farmers were divided into two groups, one group consisting of fifty members and the other fifty non-members; all these farmers were randomly selected from Ndonga and Maqhashu in Lady frère. The study investigated and profiled the socio-economic situation of the communities of Ndonga and Maqhashu with particular emphasis on the employment and poverty situations, as well as the income earning opportunities in the communities. It also undertook a comparison of the members and non-members of the co-operatives in terms of their production results under the sorghum production programmes in the two communities.The data were analyzed by means of descriptive and inferential statistics which explain some measures of central tendency and dispersion as well as levels of significance. A t-test of independent samples was used to compare the means for the sorghum yields and revenues for non-members and members of the co-operative. Gross margin analysis was also used to determine the financial implications of cooperation for the smallholders. In addition, a multiple regression model and a discriminant function were fitted to determine the factors explaining the differences in performance of members and non-members of the cooperative society. The Gross Margin analysis shows that the cooperatives are operating at a loss, meaning they produce less with high production costs. However, the results also show that the Ndonga and Maqhashu sorghum co-operative did not benefit only its members but the whole community through significant job creation for the local population.

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Isaaks, Ruberto Carlo. "A descriptive analysis of the perception and attitude of staff on employment equity in the City of Cape Town Health Directorate." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/2106.

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Thesis (MPA (School of Public Management and Planning))--Stellenbosch University, 2008.
South Africa comes from an apartheid local government system that was structured to divide citizens socially, economically, spatially, and racially to ensure that only a small minority of South Africans benefited from development. However since 1994 with the democratisation of our country, local government departments have undergone a number of transformation processes, which saw the country steadily moving away from the apartheid local government system. Representation is one of the main foundations of a non-racist, non-sexist and democratic society and achieving it is regarded as a necessary precondition to legitimise the public service to drive it towards equitable service delivery. The most prominent response to achieve a representative public service was the Employment Equity Act (No 55 of 1998), which became operational on 9 August 1999. Essentially the Act calls for a complete prohibition of unfair discrimination against all employees and requires that all designated employers undertake affirmative action measures to ensure that suitably qualified people from designated groups have equal employment opportunities. There are therefore many arguments in favour of AA and many against it, making it a formidable and complex task, especially in the South African context. However it is important to understand the reason for enactment of employment equity legislation in the workplace in terms of South Africa‟s history of discrimination and the resultant inequalities. The manner in which employment equity and affirmative action is introduced and handled in the organization can have a great influence on the perception and attitude of staff towards the topic. It therefore becomes imperative to grasp the understanding of staff on employment equity and related issues to measure if any progress was made and how to possibly improve on present practices in the organisation. Against this background this study investigated the perception and attitude of the City of Cape Town Health staff towards employment equity. The requirements of the EEA were discussed and used as the benchmark for success of implementation. The study included the review of relevant secondary sources of information but primary data was also obtained through the use of questionnaires comprising of semi structured questions to achieve this objective. The main findings from the secondary data revealed that AA is still necessary as a corrective tool, because our playing fields are far from leveled, however the reality is we have a great shortage of skills that is impacting on our global competitiveness which calls for a shift in thinking regarding the government‟s present approach. 4 In addition the research also identified as a designated employer, the City of Cape Town has fulfilled the legislative requirements, in that all its policies are consistent with the requirements of the EEA. The main findings of the primary data obtained from the questionnaires recognized that senior management of the City Health directorate is committed to EE, but falls short of an effective communication plan regarding the relevant issues of EE, there is little focus on disabled appointments and many employees indicated other criteria outside 'suitably qualified' (as defined in the EEA) plays a large role in the promotion of employees.

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Ryklief, Mogamat Yasien. "The equity composition of employees in a selected provincial government department in the Western Cape, South Africa." Thesis, Cape Peninsula University of Technology, 2017. http://hdl.handle.net/20.500.11838/2582.

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Thesis (MTech (Public Administration))--Cape Peninsula University of Technology, 2017.
In 1994 the newly elected democratic South African government inherited a nation deeply scarred by a history of racial division and social, political and economic inequality. The democratic government was determined to create an environment that felt like home to all, a society that welcomed all and a political environment that catered for all. The democratic government therefore introduced laws and structures designed to promote the principle of “equity.” Although these have been in force for more than 22 years, statistics indicate that white people continue to receive preference over other racial groups. This study sought to provide an overview of the equity composition of employees in the Department of the Premier in the Western Cape government. “Equity composition” refers to the categories of race and gender invoked by the Employment Equity Act in order to promote equality. The aim was to reach a set of conclusions and make recommendations that might improve the equity composition of employees in the direction envisaged by the legislation. The researcher has made use of a qualitative research methodology for this study. Unstructured interviews were conducted with twenty research participants purposively selected from the Department of the Premier, and the data gathered from the interviews was analysed using content analysis. The study found that there has been an increase in efforts to accommodate people with disabilities. It recommends that a dedicated training workshop regarding employment equity be designed by the director of the people management practices unit and rolled out throughout the department.

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Ciliwe, Yonela. "An evaluation of the amended Temporary Employment Service Provisions in the South African Labour Relations Act." University of the Western Cape, 2016. http://hdl.handle.net/11394/5557.

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Schwellnus, Teresa. "The nature, consequences and practical implementation of regulating equity in the workplace." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51999.

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Thesis (MBA)--Stellenbosch University, 2000.
ENGLISH ABSTRACT: The Growth, Employment and Redistribution strategy (GEAR) has not been successful in bringing about growth in the South African economy as planned. The biggest failure of GEAR has however been the fact that employment levels have continued to drop since its implementation. Unemployment levels, as well as the scales and levels of employment are furthermore still dramatically skewed in favour of the previously advantaged, namely white men. That group, is however, still the most highly skilled in our economy. AIDS may furthermore have a dramatic impact on the labour force in South Africa. Studies show that the reduction of inequality in society is a way of promoting economic growth. The upgrading of skills, improving access to jobs, occupations, training and promotion opportunities advance all members of the workforce and makes it possible for them to achieve maximum productivity and efficiency. On a wider scale, the elimination of discrimination raises economic efficiency throughout the economy by ensuring a more rational allocation of labour resources. By increasing the pool of skilled and qualified employees and improving labour market mobility, economic efficiency is enhanced. Given this, it seems that a move to employment equity is the only manner in which the ailing South African economy can be addressed. The legislative framework to serve as the foundation for equity in the workplace is complete. Through the application of the Labour Relations Act (No 66 of 1995) (LRA) and the Basic Conditions Employment Act (BCEA) equitable collective bargaining processes and equitable treatment of employees can be obtained. The Employment Equity Act (No 55 of 1998) not only prohibits discrimination, but actually set up a framework within which affirmative action can take place. The process of transforming the profile of the labour force will, however, not be complete (or successful) if it is not accompanied by a programme to change the skills structure within South Africa. The Skills Development Act (No 97 of 1998) aims to distribute the necessary skills to previously disadvantaged groups in order to empower them to hold jobs at higher levels. If used correctly, this legislative framework will not only transform South African workplaces, but will also bring about much needed societal change. The transformation process at UPE, resulting in the Employment Equity Plan as well as the Policy on the Promotion of Equality, Diversity and Elimination of Unfair Discrimination has been transparent and inclusive in nature. The process and the resulting documents can serve as basis for other tertiary institutions to bring about the required change. Given the solid research and consultation that went into formulating the plan and policy, it is to be hoped that this plan will be consistently implemented and the success constantly monitored.
AFRIKAANSE OPSOMMING: GEAR was nie so suksesvol as wat verwag is om groter groei vir die Suid- Afrikaanse ekonomie mee te bring nie. Die grootste mislukking van GEAR was egter die feit dat werkloosheid steeds toeneem. Werkloosheidvlakke, sowel as die verdiensteskale en die vlakke van diensverrigting in Suid-Afrika is verder ook dramaties oneweredig ten gunste van blanke mans. Hierdie groep is egter steeds die groep met die beste vaardighede in Suid-Afrika. Vigs mag ook nog verder 'n dramatiese impak op die Suid-Afrikaanse arbeidsmag hê. Navorsing vertoon dat die vermindering van ongelykheid binne die gemeenskap ekonomiese groei kan meebring. Dit is omdat beter opleiding en verbeterde toegang tot werksgeleenthede, opleiding en bevordering al die werknemers begunstig en sodoende dit moontlik maak vir hulle om met maksimale produktiwiteit en effektiwiteit hulle dagtaak te verrig. Op 'n breër vlak kan die verwydering van diskriminasie tot verbeterde ekonomiese effektiwiteit in die ekonomie deur 'n meer rasionele verdeling van arbeidsvaardighede lei. Indien 'n groter groep kundiges geskep word kan die ganse ekonomiese groei verbeter word. Om hierdie rede is billike arbeidspraktyke die enigste manier waarop die kwynende Suid-Afrikaanse ekonomie herstel kan word. Die wetgewende raamwerk waarbinne billikheid in die arbeidsmag gereguleer word, is voltooi. Deur die toepassing van beide, die Wet op Arbeidsverhoudinge (Nr 66 van 1965) en die Wet op Basiese Diensvoorwaardes (Nr 55 van 1998) word billike kollektiewe bedinging en billike hantering van werknemers by die werkplek verseker. Die Wet met betrekking tot Billikheid ten opsigte van Indiensneming verbied nie net diskriminasie nie, maar stel 'n raamwerk daar waarbinne regstellende aksie kan geskied. Die proses van transformasie van die arbeidsmag sal egter nie volledig (of suksesvol) kan wees indien dit nie gepaard gaan met 'n program waardeur die vaardigheidstruktuur in Suid-Afrika verander word nie. Die Vaardighede Ontwikkelingswet (Nr 97 van 1998) poog om die nodige vaardighede aan voorheen agtergeblewe groepe te versprei om hulle sodoende te bemagtig om arbeid op 'n hoër vlak te kan verrig. Indien hierdie wetgewende raamwerk goed gebruik word sal dit nie net organisasies verander nie, maar lei tot 'n verandering binne die breë gemeenskap. Die proses van transformasie by UPE wat gelei het tot die daarstelling van 'n Plan vir Billike Indiensneming sowel as 'n Beleid vir die Bevordering van Gelykheid en Diversifikasie en die Verwydering van Onbillike Diskriminasie was deursigtig en inklusief van aard. Die proses en die beleid kan as basis dien vir ander tersiêre instellings om die nodige verandering mee te bring. Gegewe die navorsing en konsultasie waarmee die daarstelling van die plan en beleidsdokument gepaard gegaan het, sal die plan hopelik konsekwent toegepas en die sukses daarvan deurlopend geëvalueer word.

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Masembate, Vivienne Mtombizodwa. "Is the composition of staff within Tygerberg Administration in terms of employment equity, representative of the demographics of the Western Cape from 05/01/2000 - 31/12/2001?" Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The shift from an ethnocentric, monocultural society to a more inclusive and democratic society should be accompanied by a national policy providing equal access to resources in a proactive, affirmative manner. This can be achieved in one of the two ways, either through equal employment opportunity or Affirmative Action. Affirmative Action is a specific intervention directed toward ensuring that employment opportunities are created by actively correcting imbalances caused by past discrimination and achieving employment targets. Equal employment opportunity implies an absence of discrimination, whereas Affirmative Action denotes compensatory discrimination in favour of disadvantaged groups.

Affirmative Action is a supplement to, rather than equivalent to equal employment opportunities in that equality cannot be a genuine option where the effects of previous discriminatory practices have not been redressed. In an equal opportunities system, not all persons have the same chance of achieving the desired goal, but all are provided with equal means to achieve it. The unequal outcome of such a system is caused by the unequal skills for talents of the past discrimination, especially in terms of education and experience. All the Directors of Tygerberg Administration who responded to the questionnaires supported this and all of them agreed that training is necessary for all employees, especially the previously discriminated groups. The primary objective of Affirmative Action can therefore said to be the adequate advancement of disadvantaged groups for the purpose of securing equal rights, freedom and opportunities.

Equal employment opportunity is seen as a passive agreement on the part of the employer not to discriminate against any particular group. Employers adhering to the principle of equal employment opportunity evaluates candidates for employment according to performance criteria which relates directly to the requirements of a particular position. Affirmative Action seeks to go beyond equal employment opportunity in that it recognises that, when members of disadvantaged groups constitute only a small percentage of the labour pool, passively providing equality of opportunity will not suffice in overcoming the effects of previous discriminatory employment practices. Affirmative Action employers are therefore given the mandate to identify and remove the barriers to the employment of those under-represented in the workplace. Merely removing the present obstacles to equality does not necessarily ensure equality between groups since the effects of previous discrimination need to be actively redressed.
It can be noted that equal employment and Affirmative Action programmes should not be equated with each other as they imply different approaches to overcoming the effects of previous discrimination. Affirmative Action is said to be a supplement to, rather than the equivalent of equal employment opportunity, in that it is required to eliminate the barriers to real equality in the workplace. In this regard, it is essential to point out that Affirmative Action programmes are a means to an end, namely equal employment opportunity, and should not continue after this end has been achieved. Due to the similarity between the two terms, Affirmative Action and equal employment opportunity are often equated with one another when, in essence, they have different meanings.

From the information gathered for this research it was clear that not many Blacks were employed in management and supervisory positions of the City of Tygerberg. The research revealed that despite adopting the Agreement on Affirmative Action and equal employment practice of the National Labour Relations Forum for Local Government as its policy framework, the Tygerberg Administration had not succeeded in meeting most of its obligations in terms of the above mentioned policy framework. This is largely ascribed to problems experienced with the implementation of equal employment and Affirmative Action programmes within the local authority. The methods of communicating these programmes to especially its lower category of disadvantaged employees to participate in training opportunities to improve their working skills, were not capitalised on. There was an unequal distribution of skills due to the effects of past discrimination, especially in terms of education. Active steps therefore need to be taken to ensure that the intentions of the local authority with repect to equal employment and Affirmative Action are implemented efficiently and effectively.

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Mqingwana, Phelo Zolisa. "An assessment of the implementation of employment equity: Department of Transport in the province of the Eastern Cape." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/11335.

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During the apartheid era black people were systematically excluded from all positions of influence in the state and civil society. The majority of senior posts in government were held by whites, in particular, white males. Women and people with disabilities were similarly disadvantaged and marginalised, particularly those from black communities. With the new post-apartheid dispensation, the democratic government took a conscious decision to change that situation. It is against this background that that the Employment Equity Act (EEA) was introduced in 1998. The two main aims of the Act are: to achieve employment equity by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and to implement the affirmative action measures, to redress the disadvantages in employment experienced by designated groups in order to ensure their equitable representation in all occupational categories and levels in the workforce. The implement of EEA in the Eastern Cape Department of Transport (ECDOT) has so far not been very successful as the Department still has not managed to meet the set targets. According to their Employment Equity Plan (EEP), the senior management level (SMS) is still dominated by males. Although the situation is slightly better at the middle management level, it is still far from being ideal. The lower ranks are dominated by females. With regard to people with disabilities (PWDs) the Department is still far from meeting their 2% target. The purpose of this research was to determine if the ECDOT has been able to implement the dictates of the EEA. It aims to look at ways in which the EEA can best be implemented in order to ensure that the desired results are achieved. This study was prompted by the fact that the ECDOT has not managed to reach the EEA targets in hiring people with disabilities (PDWs) and elevating women to senior positions. The study explored the views of the employees of the Department regarding the implementation of EE. It was conducted using the quantitative approach. 90 employees were asked to respond to a structured questionnaire designed by the researcher. The findings of the study indicate that although in some areas the Department has been able to successfully implement EE, issues of racial equity, diversity, infrastructure conducive for people with disabilities, recruitment practices, and management commitment still need to be improved on. The study recommends, amongst others, that managers should provide leadership in the implementation process, more recruitment sources should be explored, suitable infrastructure must be provided, diversity issues must be addressed through workshops and training sessions, employee participation needs to be ensured, and that feedback must always be provided to EE beneficiaries in order to keep make sure they remain within the organisation and continue to improve.

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Ally, Russell Thomas. "The development of the system of individual tenure for Africans: with special reference to the Glen Grey Act, c1894-1922." Thesis, Rhodes University, 1985. http://hdl.handle.net/10962/d1003122.

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The Glen Grey Act was promulgated in August 1894. The main provisions of the Act were for the survey into individual allotments of land held tribally and for a system of local self-government. Described by its originator, C.J. Rhodes, as a 'Bill for Africa, it was first applied to the district of Glen Grey and subsequently extended (in a piece-meal fashion) to a number of districts in the Transkei. The Act was introduced at a crucial stage in South Africa's history. During this period the country stood poised on the threshhold of a significant and far-reaching transformation. The South Africa of 'old', predominantly agricultural and rural was giving way to a 'new' South Africa, modern and industrial. At the centre of this development was the mineral discoveries of the 1860s and 1880s. The period of colonial conquest had also virtually been completed. Most of the hitherto independent African chiefdoms had either been broken up or were under European control. The most urgent problem which now faced the new rulers was devising a policy to govern the millions of black people over whom they had assumed responsibility. Of crucial concern was the creation of working class to minister to the needs of the developing economy. This task was made all the more difficult by the divisions which existed among the ruling groups at the time. To all intents and purposes the country was made up of essentially four independent and autonomous regions. Although the economic changes which were taking place would hasten the unification of the country, until that happened it was well-nigh impossible for a uniform 'native policy' to take shape. The inevitable consequence was the emergence of a number of regional responses to what was essentially a country-wide issue. As the unification of South Africa drew closer however these different regional responses began to vie with each other for supremacy at a national level. The Glen Grey policy then was the response of the Cape to the changes which were taking place in the country. As such, it drew much of its inspiration from the traditions which had developed in the Cape Colony. Its initiators did not however view it as only a regional policy. For them it had applicability to the whole country. It was therefore to be expected that they would attempt to 'sell' their policy to the rest of the country. In the end however it won few adherents outside of the Cape Colony and when Union became an established fact it bowed out to a policy favoured largely by the northern provinces. To be sure the Glen Grey system did linger on for a while in those districts where it had first been applied but it would not be long before it was to fall into official disapproval. While the Glen Grey Act was ushered in with much fanfare and vaunted expectations, its demise was silent and ignominous. The grandiose course which it had charted for the taking-in-hand of the 'native question' came to naught, as did the profound and far-reaching changes which it was believed the policy would inaugurate. The origins of this policy, its implementation and actual working, and the reasons why in the end it foundered and was abandoned will be the main themes of this thesis.

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Mfecane, Asanda. "The impact of labour laws on small firms : a study of employer perceptions of the Labour Relations Act (66 of 1995) and the Basic Conditions of Employment Act (75 of 1997) in Grahamstown, Port Alfred and Port Elizabeth." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1012953.

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This study sought to explore and explain the impact of labour laws on small firms, focusing on employer perceptions of the Labour Relations Act of 1995 and the Basic Conditions of Employment Act of 1997 in three towns of the Eastern Cape. It is important to focus on this impact of labour laws on these firms because of the high unemployment that faces the country. In this regard, it must be emphasised, firstly, that small firms are central to job creation; therefore, they contribute to a reduction in the unemployment rate; hence, the strategies created by the government to reduce any burdens (including regulatory burdens) on small firms. It is therefore important to study the impact of labour law on small businesses in order to assess the regulatory burden on small firms. The theoretical framework which underpins this study on the impact of labour law on small firms arises from the neo-corporatist critique of neo-liberalism. The two frameworks maintain the extent to which the government should intervene in the industrial relations system. Liberalism maintains that there should be a minimum role of the government, which involves only the facilitation of a framework for negotiations between employers and employees. Corporatism, however, maintains a social democratic approach, and holds that there should be an active role of the government in the industrial relations system with business, labour and the state working co-operatively (Klerck, 2009). This theoretical framework therefore shapes the extent to which employers perceive labour laws or state’s regulatory role impacts small businesses. The data was collected through the qualitative inquiry; using face-to-face, semi-structured interviews. The findings in this study included negative employer perceptions of labour laws. More specifically, many of the employers that were interviewed claimed that labour laws were burdensome on their businesses. They claimed that labour laws imposed financial and administrative costs to their firms, negatively affected the employer-employee relationships in these firms as well as the employing decisions of the employers. As a result, the employers saw labour laws as undermining flexibility and imposing unfair rigidities on small firms. Furthermore, employers perceived South African labour laws as not addressing the unique iii circumstances of small firms. They maintained that labour laws treated small firms similarly to large firms. Even though the employers held these perceptions of labour laws, it was evident that these subjective perceptions did not reflect the objective impact of labour laws on small firms. This was firstly related to the fact that many of the employers that were interviewed had negative views of labour laws but these views were not substantiated by particular events in their firms. Secondly, it was revealed that the employers’ perceptions of labour laws were based on their misconception or misunderstanding of labour law. Thirdly, it was revealed in this thesis that small firms were not affected in the same way to big firms by labour regulation. This was related to the fact that many of the small firms’ employers that were interviewed tended to be less concerned by regulation. Specifically, although many employers that were interviewed claimed that labour laws were burdensome on their firms it was evident that regulation was avoided because of the informality that characterised these firms. Consequently informality mediated the impact of labour laws on these firms, and labour laws imposed less ‘costs’ on these firms. However, it cannot be argued that small firms are isolated from the sphere of labour laws. Rather, although these firms were governed by regulation it was found that the extent to which employers complied with regulation depended on the extent to which organisational practice already reflected similarity with the legislative objective.
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Sahula, Unathi. "Providing basic conditions in vulnerable sectors." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1019710.

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The relationship between workers and employers in South Africa is governed by various labour statutes such as the Basic Conditions of Employment Act (BCEA). The Basic Conditions of Employment Act regulates the working conditions of employees, including working hours, leave, particulars of employment and remuneration and termination of employment, etc. The purpose is to ensure that employees are not exploited and that they do not have to negotiate for these basic conditions of service. The BCEA does not prescribe the minimum remuneration that an employer must pay an employee, so the BCEA empowers the Minister of Labour to make sectoral determinations for sectors or areas of the economy that are typically in a weak bargaining position or not well organised by trade unions. Sectoral determinations are a means to protect vulnerable employees by fixing conditions of employment as well as minimum wages of employees that would otherwise have to be secured through collective bargaining. Employers and employees as well as their representatives are fully consulted during the process of making sectoral determinations. These consultations are held occasionally and the employers and employees can participate in the making of a sectoral determination that will regulate their employment relationship, either by making written submissions to the Department of Labour or by giving input at the public hearings that are usually held by the Department. The Minister is also advised in this regard by a body called Employment Conditions Commission (ECC), which is an independent statutory body established in terms of section 59(1) of the Basic Conditions of Employment Act. The Minister of Labour, after consultation with NEDLAC appoints the commissioners. The ECC’s mandate is a broad one, with its primary function being to advise the Minister of Labour on various matters concerning the BCEA. These include among others, the making of sectoral determinations, monitoring trends in collective bargaining for their possible impact on the BCEA. The issues highlighted above will be dealt with in detail in this paper.

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Clark, Tony Rodney. "The impact of employment equity legislation on land reform delivery within the provincial land reform office of the department of rural development and land reform in the Western Cape." Thesis, Cape Peninsula University of Technology, 2011. http://hdl.handle.net/20.500.11838/2106.

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Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2011.
The main objective of this research was to evaluate the impact of Employment Equity Legislation on land reform delivery within the Provincial Land Reform Office of the Department of Rural Development and Land Reform in the Western Cape Province. In order to achieve this goal the researcher conducted a literature search of relevant books, journal articles, academic papers, news paper articles, legislation and subordinate legislation, policy documents, official reports, other applicable published and unpublished research materials. In conjunction with the literature search, the researcher developed a survey questionnaire to establish whether employment equity legislation does have a negative impact on land reform delivery within the provincial land reform office in the Western Cape. The survey was conducted arnonqst 60 employees within the Provincial Land Reform Office in Cape Town, including the District Offices of the Provincial Office. Fifty four (54) responses were used in the analysis, which represent a 90% rate of return. Based on the findings of the literature study and the empirical survey, 51.9% respondents' are of the opinion that the implementation of employment equity legislation does have a negative impact on land reform delivery within the provincial land reform office of the Western Cape. The researcher recommends that the department should consider using provincial demographics when employing staff within its provincial offices to ensure a more stable workforce. This is a true reflection of the responses as the majority of the respondents (81.5 %) agreed that Employment Equity (EE) targets should be based on provincial demographics rather than national demographics, whilst 13% of the respondents disagreed with this statement. Seventy seven comma eight percent (77.8 %) of the respondents also agreed that EE should reflect the target market being served. This will go a long way to foster good employer - employee relationships.

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Thompson, Richard James. "Cecil Rhodes, the Glen Grey Act, and the labour question in the politics of the Cape Colony." Thesis, Rhodes University, 1991. http://hdl.handle.net/10962/d1002415.

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Chapter One: The provisions of the Glen Grey Act of 1894 are summarised. The memoirs of contemporaries are discussed and the historical literature on the Act from 1913 to the present is surveyed. The likelihood of the land tenure provisions of the Act forcing the people of Glen Grey (or the people of other districts that came under the operation of the Act) to seek employment is noted. It is evident that there is an increasing emphasis in the literature on labour concerns rather than on the disenfranchising effects and local government provisions of the Act. It is often assumed that the labour force generated by the Act was meant for the Transvaal gold mines. Chapter Two: The relevance of the labour needs of the Indwe collieries is investigated. These mines lay adjacent to Glen Grey and might have been expected to draw their labour thence if the Act had been effective. Rhodes, the author of the Act and prime minister of the Cape, had bought shares in the collieries for De Beers shortly before the Act was passed, which made a possible connection more intriguing. No causal link between De Beers' interests and the Act could be demonstrated; nor do the collieries seem to have employed many people from Glen Grey. Chapter Three: Examines the Cape colonists' complaints about shortage of labour from 1807 to the eve of the Glen Grey Act, and investigates various official measures to promote the labour supply. The Glen Grey Act was not the first labour measure passed at the Cape, and it seems likely, therefore, that the labour needs of the Cape, rather than the Transvaal, were uppermost in the minds of those responsible for the Act. Chapter Four examines Rhodes's political position in the 1890s and shows him to be increasingly dependent on the parliamentary support of the Afrikaner Bond to stay in office. Since the Bond was an agricultural interest group it seems likely that labour for Cape farms, rather than Transvaal gold mines, was what the Act was supposed to provide. With that Rhodes could readily agree, since he wanted to promote the agricultural development of the Cape. However, the Bond wanted to be able to buy land in Glen Grey (and other district in which the Act was proclaimed). Rhodes wanted to keep such districts as 'reservoirs of labour' so he could not give the Bond all of what they wanted, i.e. Glen Grey titles to be alienable. His manoeuvring to keep the Bond supporting the Bill while not making the land readily salable is described. (In the end the land was alienable with the consent of the government -- consent that a Rhodes ministry would not give, but that another might.) Rhodes's desire to obtain the administration of Bechuanaland for his Chartered Company, and his need therefore to reassure the Colonial Office and humanitarian opinion that he could be trusted to rule over blacks, are pointed out as other possible motivations for the Act, which Rhodes tried hard to present as an enlightened piece of legislation. The course of the Act through the Cape parliament, and the opposition of Cape liberals to the Act, is described. Chapter Five: The mentalité of the Cape colonists as regards race, liquor, land tenure and other political issues is described. Chapter Six: The reaction to the Act of Cape blacks and sympathetic whites, British humanitarians and the Colonial Office is described. The contemporary concern with reserving land for blacks is noted, as well as concern over the morality of economically coerced labour. This is in contrast to the modern concentration on labour almost to the exclusion of other issues in regard to the Glen Grey Act. The unsuccessful efforts of Cape blacks and British humanitarians to have the imperial government veto the Act are described. Rhodes's influence over the Colonial Office is described.

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Metcalfe, Anthea Gail. "A response to employment equity policy in a South African University: A case study of an academic mentoring programme." University of the Western Cape, 2008. http://hdl.handle.net/11394/7862.

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Magister Educationis - MEd
This study investigates the factors that conditioned the establishment of, and responses to, a centrally coordinated, institution wide change initiative aimed at promoting equity in the academic workplace in an historically white South African university. It is examined by presenting two kinds of analyses, firstly, an institutional analysis that explores the environmental and managerial conditionalities that influenced the reception, interpretation and responses to the national policy framework. Secondly, a bottom-up analysis that explores the distinctive disciplinary contexts that conditioned the responses of the participants. The study reveals that top-down approaches to managing change have limited capacity to influence the nature and pace of change on the ground, despite the best intentions of institutional managers. The study illustrates that the distinctive disciplinary context conditioned the responses to, and outcomes of the change initiative. In this study, the authority of the academic project powerfully trumps the legitimacy and credibility of the institutional transformation initiative.

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Nkoana, Nthabiseng Martha. "Evaluation of gender equity programme implementation in Limpopo Provincial Department of Sport, Arts and Culture." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/5437.

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Thesis (MPA (Public Management and Planning))--University of Stellenbosch, 2010.
ENGLISH ABSTRACT: Since the democratic dispensation in South Africa, attempts were made in earlier studies to make recommendations for the implementation of gender equity in the labour markets. Until now companies and public service departments have done little to ensure gender equity. Most efforts made were merely window-dressing given that previous studies provide evidence of fewer female employments in Senior Management Service (SMS) positions across the public service. South Africa has introduced a legal framework to support the Employment Equity Act, 1998 (RSA, Act 55 of 1998). The study sets out to evaluate the extent of gender equity implementation in Limpopo Provincial Department of Sport, Arts and Culture. The EEA, 1998 (RSA, Act 55 of 1998) aims to redress employment inequalities previously experienced by racially, culturally and sexually marginalized South Africans. Departmental human resource processes are evaluated to establish equity measures necessary to achieve the purpose of the EEA, 1998 (RSA, Act 55 of 1998). This study reviews employment equity practices from various countries to establish best practice. Issues and proposed strategies for improvements surrounding employment equity legislation in South Africa are also highlighted. The study is extended to other departments to establish accountability standards as well as actions and penalties available for noncompliance. The findings from the study indicate that women are mostly employed in middle management while male employees continue to dominate the top management in spite of the Department of Public Service and Administration’s (DPSA) strategic goal to reach a 50% equal employment at SMS by 31 March 2009. Suggestions are provided to accelerate implementation of gender equity in Limpopo Provincial Department of Sport, Arts and Culture. Given that the study was based on a representative sample of a single public service department, the findings may as a result not be generalized to the entire South African public service.
AFRIKAANSE OPSOMMING: Sedert die demokratiese bedeling in Suid-Afrika was pogings in vroeë studies aangewend om aanbevelings te maak vir die implementering van geslagsgelykheid in die arbeidsmark. Tot dus- ver het maatskappye en staatsdiens departemente min gedoen om geslagsgelykheid te bevorder. Talle pogings wat aangewend was, is niks meer nie as uiterlike vertoon, gegee die feit dat vorige studies bewysstukke lewer van minder vroulike indiensneming in Senior Bestuursdiens (SBD) posisies deur die staatsdiens. Suid -Afrika het `n wetgewende raamwerk ingestel om die Gelyke Indiensnemingswet, 1998 (RSA, Wet 55 van1998) te ondersteun. Die studie het ten doel om die implementering van geslagsgelykheid in die Limpopo Provinsiale Departement van Sport, Kuns en Kultuur te evalueer. Die GIW, 1998 (RSA, Wet 55 van 1998) beoog om die indiensnemings ongelykhede te herstel, wat voorheen ondervind was deur rasse, kulturele en geslagtelik gemarginaliseerde Suid-Afrikaners. Departementele menslike hulpbron prosesse word beoordeel ten einde die billikheidsmaatreëls te bepaal wat nodig is om die doelwitte van die GIW, 1998 (RSA, Wet 55 van 1998) te bereik. Hierdie studie raadpleeg gelyke indiensnemings praktyke van verskillende lande ten einde die beste praktyk te stig. Aangeleenthede en voorgestelde strategieë vir die bevordering van wetgewing oor gelyke indiensneming in Suid-Afrika word ook beklemtoon. Die studie word uitgebrei na ander departemente om standaarde oor aanspreeklikheid te bepaal, asook optrede en strafmaatreëls vir nie-voldoening daaraan. Die bevinding van die studie dui daarop dat vrouens meestal op middel bestuursvlak in diens geneem word, terwyl manlike werknemers aanhou om die top bestuursvlak te domineer, ten spyte van die Departement van Staatsdiens en Administrasie (DSDA) se strategiese doelwit om 50% gelyke indiensneming op SBD- vlak teen 31 Maart 2009 te bereik. Aanbevelings word gemaak om die implementering van geslagsgelykheid te versnel in die Limpopo Provinsiale Departement van Sport, Kuns en Kultuur. Gegee die feit dat die studie gebaseer was op `n verteenwoordigende monster van `n enkele staatsdiens departement, mag die bevindinge gevolglik nie veralgemeen word met die totale Suid-Afrikaanse staatsdiens nie.

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Weber, Eckhardt. "Transfer of undertakings - the protection of employment in South Africa from adopting European law to present problems of Section 197 of the Labour Relations Act." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4575.

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Mathe, Muziwakhe. "Using fixed-term contracts of employment subsequent to the introduction of section 198 in the labour relations act 66 of 1995: A study of the technical and vocational education and training sector in South Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/8141.

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Magister Legum - LLM
This study is encouraged by the fact that the field of labour law has drastically changed after enactment of amendments in various labour legislation such as Employment Equity Act, Basic Conditions of Employment Act and Labour Relations Act during 2013 and 2014. These changes have compelled employers to review their policies in line with the amendments of these Acts. This study will however focus on the impact of the newly introduced section 198 to the Labour Relations Act 66 of 1995. The study will specifically focus on the continued use of fixed-term contracts of employment within the Technical and Vocational Education and Training (TVET) Sector of South Africa.

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Kgapola, Leslie Seth. "Perceptions of compensation fund employees towards affirmative action." Diss., Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-11212008-120643.

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Van, der Schyff Sedick. "Men's attitudes and responses to the Gender Equity Strategy at South African Nylon Spinner Polymer Plant (2002-2004): Implications for an education and training intervention." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This study investigated the attitudes and responses of male employees to the implemention of the Gender Equity Strategy and considered the implementation for the development of a gender education and training intervention. The study investigated the initial resistance to the introduction and implementation of the Gender Equity Strategy at the Polymer Plant by male employees.

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Moerat, Sedick. "The disclosure of information on medical certificates and the impact on the right to privacy." University of the Western Cape, 2020. http://hdl.handle.net/11394/7647.

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Magister Legum - LLM
Chapter 2 of the Constitution contains the Bill of Rights, which ‘enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.’1 By rights being afforded to the employee in the workplace, such rights need to be protected (legislation being implemented by legislature is subjugated by the Bill of Rights).2 Labour legislation being implemented in order to protect the rights afforded to the employees,therefore creating fair labour practice in terms of section 23 of the Constitution. Such legislation needs to take in regards various rights of an employee, such as the right to privacy3 of an employee. This resulted in creating domestic legislation in order to protect employees’ rights to privacy. A detail discusses of how various domestic legislation were implemented to protect the right is discussed in Chapter 2. In addition to the implementation of domestic legislation giving effect to the right to fair labour practices, the Constitution requires that international law be considered when individual and a further international obligations with regards to international standards). Section 39(1)(b) provides that ‘when interpreting the Bill of Rights, a court, tribunal or forum must consider international law’. This means that standards set by the International Labour Organisation and Conventions must be considered when interpreting the right to fair labour practice.4 A detailed discussion is dealt with in Chapter 2. The primary research question of this thesis is ‘is an employee’s right to privacy infringed by requiring a medical condition to be disclosed on a sick note for purposes of statutory sick leave?’ In answering this question, a number of ancillary questions must be answered, including whether doctor and patient confidentiality is breached in disclosing such information on a sick note; to what extent medical information can be disclosed in the medical information; whether there is a potential for misuse of information disclosed on the medical certificate against the employee; whether such disclosure of information could lead to unfair labour practice where the employee can be unfairly discriminated against based on such disclosure and how is privacy is being protected and processed in terms of legislation domestically and foreign legislation.

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Howard, Ryan Michael. "A clarification of the use of multiple regression analysis in meeting the burden of proof in compensation discrimination litigation." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50238.

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Thesis (MComm)--University of Stellenbosch, 2005.
ENGLISH ABSTRACT: The new set of employment equity laws call for South African organisations to justify their compensations systems. During compensation discrimination litigation, evidence is required to support arguments put before the court in order to meet the burden of proof. The similarity between foreign and domestic legal systems, suggests that the operational implications of foreign legislation will also be relevant to South Africa. This raises the debate as to the nature of fairness in the compensation context, the debate of comparable worth and the use of multiple regression analysis. The organisation must present to the court evidence to show that the choice of compensable constructs, their measurement and application does not discrimination directly or indirectly based on group membership. Multiple regression analysis, a statistical method to model the compensation system, is fraught with difficulties and misunderstanding. It is nevertheless the most appropriate method to investigate compensation fairness. Comparable worth and multiple regression analysis require assessment in the South African context. The issues, which hindered the successful use of multiple regression analysis abroad, are reviewed in order to smooth its entry into South African litigation. A framework is presented based on literature and case law whereby all parties concerned can produce and evaluate such evidence
AFRIKAANSE OPSOMMING: Die nuwe Anti-Diskrimineringswetgewing verlang van Suid-Afrikaanse organisasies om salarisstelsels te regverdig. Gedurende salarisdiskriminasielitigasie word bewys verlang om die bewyslas oor te dra. Die gelyksoortigheid van buitelandse en binnelandse regstelsels gee te kenne dat die operatiewe implikasies van buitelandse wetgewing relevant tot Suid-Afrika sal wees. Dit bevraagteken die aard van billikheid in die kompensasie konteks, die debat van vergelykbare waarde en die gebruik van veelvoudige regressieontleding. Die betrokke party moet bewys aan die hof toon om te bevestig dat die keuse van vergoedingskonstruksie, sowel as die meting en toepassing daarvan, nie onregverdig diskrimineer, ten opsigte van demografiese groepe me. Veelvoudige regressieontleding 'n statistiese metode wat gebriuk kan word om die salarissisteem voor te stel. Alhoewel dit vele onduidelikhede bevat, is dit steeds die mees toepaslike metode om salarisbillikheid te ondersoek. Vergelykbare waarde en meervoudige regressieontleding is in die Suid-Afrikaanse konteks geëvalueer. Die aspekte wat die sukses van die gebruik van meervoudige regressieontleding in ander lande verhinder het, is ondersoek en geëvalueer om die toekomstige toepassing daarvan in Suid-Afrika te vergemaklik. 'n Raamwerk gebaseer op literatuur en gevalle studies word voorgestel, waar al die betrokke partye sodanige bewys kan produseer en evalueer.

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Dissertations / Theses on the topic 'Employment Equity Act (South Africa)'

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