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1
Odendaal, Barend Röges. "Employment Equity." International Journal for Innovation Education and Research 1, no. 4 (December 31, 2013): 69–83. http://dx.doi.org/10.31686/ijier.vol1.iss4.127.
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The Employment Equity Act, 1998, Act 55 of 1998 was created in order to bring about a paradigm shift in South Africa’s labour relations, transforming it into a system based on equality. This change in the political life of all South Africans has brought about huge challenges to employers and employees alike. Seen as a threat to some, others view it as a positive beacon. If the Act was correctly implemented, South Africa will be heading towards a better competitive market and the workforce should be equally representative of the population. This paper aims to illustrate whether the Act has achieved its goals over the past 13 years by means of analysis and assessment of reports and statistical reviews. An overview is offered in the form of a literature review of the Act and defining the current legislation thereof in conjunction with management theory. The paper challenges the perceptions of all South Africans and finding possible solutions to areas in which the Act has failed. The paper further proposes action steps for the effective implementation of the legislation and for the process to follow to ensure that is fair in the sense that all employees can compete on equal terms.
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Senne, Yvonne, and Stella Nkomo. "The influence of labour brokering practices on employment equity in South Africa: A case of two universities." African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 39, no. 1 (February 19, 2019): 58–71. http://dx.doi.org/10.25159/2520-3223/5883.
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The purpose of this paper is to highlight the influence of labour brokering on employment practices, particularly those related to the Employment Equity Act 55 of 1998. The research reported on in this paper is based on a larger research project that investigated the barriers to and enablers of gender equity within two higher education institutions. Utilising a qualitative case study at the two South African universities, the findings demonstrate the contradictions between the intentions of employment equity policies and practices and the adoption of a labour brokering employment strategy. Employment equity policies and practices did not include employees in the cleaning and gardening job categories recruited through labour brokers. Most importantly, the practice has serious implications for the economic survival and development of the lowest level of employees at the universities. The implications of these findings are discussed in the light of the Labour Relations Amendment Act 6 of 2014.
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Morton, Nadia, Carin Hill, Deon Meiring, and Fons JR van de Vijver. "Investigating measurement invariance in the South African Personality Inventory: English version." South African Journal of Psychology 50, no. 2 (October 1, 2019): 274–89. http://dx.doi.org/10.1177/0081246319877537.
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We are interested in the psychometric properties of the South African Personality Inventory, a personality measure developed to apply equally to speakers of all official languages in South Africa, by testing for measurement invariance across the four ethnocultural groups in South Africa. We conducted an exploratory structural equation modelling analysis to eliminate any restrictions on the variables and to allow them to covary. While measurement invariance was found on configural and metric levels, scalar invariance was not found. The results advance the aim of the South African Personality Inventory to comply with stipulations in South Africa’s Employment Equity Act regarding fair and unbiased assessments.
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Boonzaier, Michèle, and Billy Boonzaier. "A shotgun marriage: Employment equity and human resource planning." South African Journal of Business Management 30, no. 1 (March 31, 1999): 23–32. http://dx.doi.org/10.4102/sajbm.v30i1.752.
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The current state of human resource planning in South Africa is that many companies conduct virtually no such planning or provide it only for senior managerial positions. Employment equity legislation will, however, force the hand of managers and human resource practitioners in the public and private sectors alike to engage in regular human resource planning. The Employment Equity Act (1998) seeks to address the existing discrepancies in the distribution of jobs, occupations and income amongst South Africans by not only eliminating unfair discrimination in employment, but also making provision for affirmative action measures to promote a diverse and representative workforce. The employment equity audit requires the preparation of a workforce profile and consequent employment equity plan to address discrepancies. The main purpose of human resource planning is to identify future human resource requirements (in terms of numbers, skills, and particular characteristics, inter alia gender, race and disability) and to develop action plans to eliminate any discrepancies between the demand and supply of labour that are forecast. The article presents a comprehensive model of human resource planning, incorporating the practical implications of the Employment Equity Act, as a workable guideline to assist managers in compiling thorough forecasts and action plans in fulfilment of organizational and employment equity requirements.
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Marumoagae, Motseotsile Clement. "Disability Discrimination and the Right of Disabled Persons to Access the Labour Market." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 344. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2467.
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Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. Key among such challenges has also been employers' ability to ensure that persons with disabilities access the labour market. In this paper I highlight employment discrimination experienced by persons with disabilities in South African workplaces, which often prohibits them from accessing employment opportunities. I argue that employers need to consider employing persons with disabilities and also reasonably to accommodate them within South African workplaces. I further illustrate efforts by the legislature to eradicate forms of unjustified discrimination against persons with disabilities through the enactment of the Employment Equity Act 55 of 1998. I argue that all of us need to understand how cultural, social, physical and other barriers continue to prevent persons with disabilities in South Africa from enjoying their constitutional rights to equality, freedom and human dignity, and further, that it is desirable that society at large and government work together towards eradicating barriers which prevent persons with disabilities from accessing the labour market.
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Matotoka, Motlhatlego Dennis, and Kolawole Olusola Odeku. "Mainstreaming Black Women into Managerial Positions in the South African Corporate Sector in the Era of the Fourth Industrial Revolution (4IR)." Potchefstroom Electronic Law Journal 24 (June 23, 2021): 1–35. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10734.
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The active participation of Black South African women in the corporate sector is essential for the achievement of equity and diversity. Since 1994 the sector has failed to promote black women into managerial positions despite the existence of the Employment Equity Act 55 of 1998 that requires the equitable representation of previously disadvantaged groups on all occupational levels. Conversely, the managerial positions in the South African corporate sector continue to be dominated by white males and little effort is being made to achieve equity. The paucity of black women persists in the corporate sector during a period in which South Africa, like many other countries, is preparing itself for the fourth industrial revolution, which has broad implications for the sector. Black women are under-represented in the emerging technological environment in South Africa, and this imbalance is further perpetuating the exclusion of black women from managerial positions. This paper argues that the emerging technological environment presents an opportunity for the corporate sector to reflect on the training needs of Black women and prioritise technology in its quest to achieve equity. An increase in the number of black women with technological skills would enhance their prospects of occupying meaningful managerial roles. The corporate sector in South Africa is expected to comply with progressive statutory interventions and policies to advance women in the emerging technological environment who have the right qualifications, experience, and competency to fill the managerial positions from which they were previously excluded. In this paper we examine and analyse the challenges which are hampering the progression of black women into managerial echelons in post-1994 democratic South Africa. In order to present an objective and balanced view, we also present the strides being taken by some corporates (very few of them) to address the problem of the obstacles to the advancement of Black South African women to managerial positions.
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Chicktay, Mohamed Alli. "Sexual Harassment and Employer Liability: A Critical Analysis of the South African Legal Position." Journal of African Law 54, no. 2 (September 20, 2010): 283–97. http://dx.doi.org/10.1017/s0021855310000082.
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AbstractOn 27 April 1994 South Africans adopted a new constitution, with founding values of dignity, equality and freedom. Despite the new constitution, the majority of women remain victims within the workplace. They still find themselves a minority within senior management and are often subjected to sexual harassment. Women are either denied work opportunities for refusing to give in to a perpetrator's sexual advances or they are forced to work in an unpleasant environment that severely infringes on their dignity. There are five legal options available to victims of sexual harassment within the South African workplace. These are claims against the employer for: vicarious liability; automatically unfair dismissal; unfair labour practices; failing to create a safe working environment; and violating the Employment Equity Act. This article examines the strengths and weaknesses of these legal actions. It also makes further suggestions aimed at curbing workplace sexual harassment within South Africa.
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Matotoka, Motlhatlego Dennis, and Kolawole Olusola Odeku. "Untangling discrimination in the private sector workplace in South Africa: Paving the way for Black African women progression to managerial positions." International Journal of Discrimination and the Law 21, no. 1 (February 3, 2021): 47–71. http://dx.doi.org/10.1177/1358229121990569.
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Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels.
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Mahembe, Bright, Amos Engelbrecht, and Zani Wakelin. "A study to assess the reliability and construct validity of the Abbreviated Self-leadership Questionnaire: a South African study." South African Journal of Psychology 47, no. 3 (October 27, 2016): 356–66. http://dx.doi.org/10.1177/0081246316675139.
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Self-leadership has been recognised as a fundamental competency for effective learning and job performance. The primary goal of this study was to validate the Abbreviated Self-leadership Questionnaire on a South African sample. Numerous questionnaires have been developed to measure self-leadership, with the Revised Self-leadership Questionnaire being the most widely used questionnaire. However, the Revised Self-leadership Questionnaire has been deemed too long; hence, the authors abbreviated the measure. Therefore, there is a need to assess the reliability and construct validity of the abbreviated Self-leadership Questionnaire on a South African sample. A non-probability sample consisting of 400 students drawn from a university in the Western Cape was used. The reliability of the Abbreviated Self-leadership Questionnaire was evaluated using SPSS, while construct validity was assessed via confirmatory factory analyses in the LISREL program. Moderate levels of reliability were found for the subscales of the Abbreviated Self-leadership Questionnaire. Reasonable model fit with the data was found for the first-order measurement model. The study contributes to the requirements of the Amended Employment Equity Act of South Africa (Republic of South Africa, 1998) which promotes the use of reliable and valid instruments in South Africa by confirming the psychometric properties of the Abbreviated Self-leadership Questionnaire.
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Joubert, Pierre, Dolly Madau, and Bennie Grobler. "Employee retention and talent management at a sugar mill in South Africa." Problems and Perspectives in Management 15, no. 3 (November 8, 2017): 306–15. http://dx.doi.org/10.21511/ppm.15(3-1).2017.14.
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Talent shortage due to failure by organizations to retain staff with the necessary expertise is becoming a reality and it is important that this challenge is addressed expeditiously. This article focuses on the relationship between employee retention and talent management at a sugar mill with a view to ascertaining whether or not the organization is possibly the reason for employees to leave. The study involved investigating and highlighting the need and importance of talent management, including the attraction and retention of staff with necessary skills. The study touched on the importance of competitive incentives and rewards in the attraction and retention of employees. A survey was conducted among 137 employees. Data were analyzed by means of descriptive and inferential (correlations and regressions) statistics. The interpreted results indicated that staff satisfaction leads to high productivity and plays a significant role in the retention of staff. The results further indicated that management strategies are not being used to the extent that they should be in the retention of talent, whilst most respondents felt that fringe benefits that used to be offered by the organization had a positive influence on staff satisfaction and on the retention of talented employees. The study revealed a commonly held perception by the non-designated group that people from designated groups use the provisions of the Employment Equity Act to find better opportunities with other organizations.
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Huysamen, G. K. "The Relevance of the New APA Standards for Educational and Psychological Testing for Employment Testing in South Africa." South African Journal of Psychology 32, no. 2 (June 2002): 26–33. http://dx.doi.org/10.1177/008124630203200203.
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Some of the major developments, reflected in the most recent revision of the Standards for educational and psychological testing of the American Psychological Association and two other sponsoring organizations, are reviewed. In view of the South African Employment Equity Act of 1998, the focus is on psychometric considerations that have a bearing on employment testing. Topics covered include the, conceptualisation of construct validity as the primary objective in test validation; the introduction of several sources of (construct) validity evidence; the formulation of requirements such as freedom from predictive bias, fairness and consideration of the consequences of testing; approaches to preventing unnecessary subgroup mean differences; and the appropriate use of non-test information when relevant norms are lacking. Finally, the implications of these psychometric developments for the training of local assessment practitioners are pointed out.
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Espi, Gabriel, David Francis, and Imraan Valodia. "Gender inequality in the South African labour market: Insights from the Employment Equity Act data." Agenda 33, no. 4 (October 2, 2019): 44–61. http://dx.doi.org/10.1080/10130950.2019.1674675.
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Basson, Yvette. "Selected Developments in South African Labour Legislation related to Persons with Disabilities." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 25, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1216.
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In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.
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Bytenski, Ryan, and Olawale Fatoki. "The Effect of the Employment Equity Act on Academic Staff Recruitment in a South African University." Anthropologist 17, no. 3 (May 2014): 975–79. http://dx.doi.org/10.1080/09720073.2014.11891514.
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Roman, Leon J., and Roger B. Mason. "Employment equity in the South African retail sector: Legal versus competence and business imperatives." African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 39, no. 2 (February 19, 2019): 84–104. http://dx.doi.org/10.25159/2520-3223/5873.
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In 2013/14 a study entitled “Interventions to achieve employment equity objectives in the wholesale and retail sector†was conducted by the Wholesale and Retail Leadership Chair (WRLC) at the Cape Peninsula University of Technology on behalf of the W&RSETA (Sector Education and Training Authority). Objectives included assessing the impact of implementation of the Employment Equity Act (EEA) on retail organisations, and determining what supportive action regulatory authorities (the Department of Labour and the W&RSETA) and businesses could take to achieve employment equity (EE) goals. The study is therefore useful across the spectrum of the W&R industry, especially for employment relations practitioners and those tasked with EE implementation. The study followed a mixed-methods approach, using questionnaire surveys, in-depth interviews, case studies, focus groups and secondary data. Results indicated that EE tends to be numbers-driven at the expense of competence and talent management. Most respondents’ perceptions of EE implementation were negative, with the implication that a different approach is needed because the pace of change and transformation in the South African workplace is too slow. Although the small sample size limits generalisation of the findings, the study provides insight and direction for further research. This paper acknowledges that because EE is currently driven largely by meeting mandated targets for demographic change, the development of talent – in essence, competence – is lacking or inadequate. Thus, the recommendations propose a competency model linked to a performance management system, which could lead to an efficient EE talent management process. This process will enable organisations to develop, within the shortest possible period, competent individuals able to perform adequately in their positions, thereby maintaining or improving productivity; it also addresses effective succession planning.
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Geldenhuys, Judith, and Michelle Kelly-Louw. "Hate Speech and Racial Slurs in the South Afican Context: Where to Start?" Potchefstroom Electronic Law Journal 23 (July 27, 2020): 1–46. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a7043.
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Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the legislative protection, a fine balance must be struck between the rights to equality and dignity on the one hand and freedom of speech on the other hand. An analysis of the legislative framework ousting hate speech and unfair discrimination on the basis of race and the manner in which the different relevant provisions have been applied by the courts shows that there are discrepancies that must be addressed. Despite the differences between the policy that facilitated the adoption of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and the Employment Equity Act 55 of 1998, an alignment must be achieved in the starting point for an objective enquiry dealing with racism. To excuse serious cases of hate speech perpetrated by one population group while presuming that the other population group is racist from the outset does not promote South Africa's nation-building project. On the flipside, to address the unbalanced method of interpretation and implementation of the legislative provisions by adjusting the vantage point from which the assessment into whether an utterance is racist and derogatory is commenced would advance the constitutional value of non-racialism.
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Thomas, A., and M. Turpin. "Management values at the Southern Sun Group." South African Journal of Business Management 33, no. 2 (June 30, 2002): 21–29. http://dx.doi.org/10.4102/sajbm.v33i2.699.
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South African companies need to become increasingly competitive and productive in the global economy while complying with the statutory requirements of a range of labour legislation. Implementation of the requirements of the Employment Equity Act is likely to result in greater diversity within companies and increasing representation of different race groups at all levels. As management practices may need to be tailored to harness, for competitive advantage, the diverse values that employees bring to the workplace, it was the objective of the present exploratory study to measure similarities and differences in values for managers in the Southern Sun Group, a prominent hotel group in South Africa. The methodology involved obtaining a convenience sample of 68 managers from three race groups, and having them complete the VSM94 instrument (Hofstede, 1994) with the aim of investigating similarities and differences in values between such groups. The findings indicate that managers in the sample evidence both similar and different values along the Hofstede (1994) values dimensions. The study addresses the implications for the Southern Sun Group of managing an increasingly diverse workforce. Where differences in value orientations are apparent, recommendations are made to the management of the Southern Sun Group as to how management practices could be adapted to effectively respond to these differences.
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Louw, AM. ""I am not a number! I am a free man!" The Employment Equity Act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) Part 1." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 3 (December 9, 2015): 593. http://dx.doi.org/10.4314/pelj.v18i3.05.
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Louw, AM. ""I am not a number! I am a free man!" The Employment Equity Act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) Part 2." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 3 (December 9, 2015): 668. http://dx.doi.org/10.4314/pelj.v18i3.06.
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Papacostantis, Helen, and Muriel Mushariwa. "THE IMPACT OF MINORITY STATUS IN THE APPLICATION OF AFFIRMATIVE ACTION: NAIDOO v MINISTER OF SAFETY AND SECURITY 2013 5 BLLR 490 (LC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 25, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1160.
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Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive goal of equality is achieved when implementing affirmative action. One of the challenges faced by employers is the choice of beneficiary from designated groups which is diverse and unequal within itself. This paper seeks to address this challenge by looking at the definition given to beneficiaries of affirmative action and the concept of multi layered disadvantage within the Employment Equity Act. The paper will focus on the decision in Naidoo v Minister of Safety and Security and National Commissioner of the South African Police Service which is an example of the disadvantages experienced by members of the designated groups who are also part of a minority group within the designated groups. Particular focus will be placed on the disadvantages experienced by a black female who is also part of a minority. This paper highlights the multi-layered nature of disadvantage experienced by such members of the designated groups and the need to ensure that new forms of disadvantage are not created in the implementation of affirmative action policies by using a situation sensitive approach. It argues that affirmative action as a means to an end needs to evolve with the understanding that it functions within an ever changing social and economic environment. If such changes are ignored the true beneficiaries of affirmative action will not be given recognition and the desired end of creating a workforce representative of South African society together with the goal of substantive equality cannot be realised.
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Mswela, Mphoeng Maureen. "Does Albinism Fit Within the Legal Definition of Disability in the Employment Context? A Comparative Analysis of the Judicial Interpretation of Disability under the SA and the US Non-Discrimination Laws." Potchefstroom Electronic Law Journal 21 (June 29, 2018): 1–37. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1684.
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South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by people with albinism in South Africa to be classified as disabled. The question of whether albinism is classified as a disability or not is a controversial legal one, which does not always have a straightforward answer. A literature search indicates that in South Africa no comprehensive and analytical study has been carried out on the subject of albinism and disability, whereas this has already been addressed in court cases in the United States of America. This paper anticipates addressing this gap within a legal perspective. The objective of such an analysis is to understand the construction of disability under the Employment Equity Act in order to shed light on whether people with albinism qualify for the protection, which is afforded to people with disabilities in the work place. Foreign case law and international human rights law could shed new light on this longstanding grey area or stimulate the development of novel legal analytical strategies. This paper reviews the nature of disability claims in the workplace on grounds of albinism in the United States context, including factors contributing to disability claims; assessing the degree of impairment and the guidelines in assessing albinism related disability. Prior to this discussion, the paper explores the current working definition of disability in South Africa, which stems from the IMATU case, which relied significantly on a foreign precedent; the Sutton v United Airlines case as there was no indigenous precedent in South Africa to fall back on. It will be argued that the Sutton v United Airlines decision, referred to in the IMATU case is based on an insufficiently inclusive definition of disability. Specific cases that relied on the Sutton v United Airlines decision as a persuasive authority in determining whether albinism is a disability or not, will also be examined. While the United States of America has struck down the decision in the Sutton v United Airlines and amended its legislation to include a broader and less restrictive definition of disability, which includes present as well as past conditions and a subjective component of perceived disability, the South African definition of disability still remains narrow and less inclusive. The United States of America's amended legislation does not contain an exhaustive definition of disability; rather, an equality-based framework was chosen which considers changing biomedical, social and technological developments. This new definition highlights the fact that the emphasis must be on whether discrimination occurred rather than adherence to a strict definition of disability. Such a framework of disability includes a socio-political aspect, which places emphasis on human dignity, respect and the right to equality. Against this background, the comparative analysis raises specific issues that deserve attention, in particular that the unique disadvantages and negative stereotyping suffered by people with albinism should be recognised as unlawful conduct against people with disabilities as defined by legislation. Put differently, the discussion calls for a broader approach to viewing disability, which includes both a social and a human rights perspective. In taking the position that albinism related discrimination is socially constructed, the article also explores the mandate of the Convention on the Rights of Persons with Disabilities in as far as it relates to the social construction of disability. The paper argues that the Convention on the Rights of Persons with Disabilities affords a direction for an analysis of the discrimination faced by persons with albinism.
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Botha, Doret. "Barriers to Career Advancement of Women in Mining: A Qualitative Analysis." African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 41 (January 19, 2018): 15–32. http://dx.doi.org/10.25159/2520-3223/3766.
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In recent years, various initiatives, protocols and legislation have been developed globally to promote gender equality and address existing discrimination against women. South Africa is no exception to this trend. In the global mining industry, equal opportunity and mining legislation introduced by various countries, including South Africa, have opened up former bastions, such as mining, to women.Since the introduction of the Mineral and Petroleum Resources Development Act 28 of 2002 and the accompanying Broad-Based Socio- Economic Empowerment Charter, in 2004, the number of women in the mining industry has increased significantly. However, the “gender issue†still remains contentious and very problematic in the industry and women are still subjected to various challenges.This article aims to reveal the barriers women encounter in the industry. This study adopted a qualitative research design. Data were collected by means of semi-structured individual and group interviews. The research findings show that women are subjected to social, physiological, structural and employment barriers. Therefore, it is of paramount importance that the relevant government departments, top and senior management in the mining industry, as well as human resource managers and employment relations practitioners embrace and support a clear-cut vision of gender diversity in the industry.
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Van der Merwe, R. P. "The application of psychometric tests in human resource management." South African Journal of Economic and Management Sciences 3, no. 2 (June 30, 2000): 290–307. http://dx.doi.org/10.4102/sajems.v3i2.2612.
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Psychometric tests are widely used as aids in occupational decisions, including the selection and classification of human resources. Recent and ongoing developments in South African labour legislation, especially the implications of the Employment Equity Act, highlight once again the importance of validating all instruments used for assessment and selection purposes. This is a follow-up study, reporting on an investigation into psychometric testing in industry today. Information was gathered to establish which psychometric tests are presently used, and for what purpose. Biographical information on each company concerned is supplied, including the number of employees. The role of psychometric tests in the selection procedure is discussed, as well as the levels at which the tests were applied. The various tests used, as well as the users, are indicated, and comments, recommendations and shortcomings discussed.
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Ndou, Moffat Maitele. "Mental illness, harassment and labour laws: Some thoughts on harassment by employees suffering from mental illness." Obiter 41, no. 3 (January 1, 2021): 538–54. http://dx.doi.org/10.17159/obiter.v41i3.9578.
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Section 23 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices. Section 9 of the Constitution prohibits unfair discrimination directly or indirectly against anyone on one or more grounds, including among others disability. In terms of section 6(1) of the Employment Equity Act (EEA), no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including among others disability or on any other arbitrary ground. Section 6(1) applies to employees, which includes applicants; but it is only limited to conduct occurring within the scope of an “employment policy or practice”. In Marsland v New Way Motor & Diesel Engineering (2009) 30 ILJ 169 (LC), the court concluded that discrimination based on the fact that a person suffers from a mental health problem, has the potential to impair the fundamental dignity of that person as a human being, or to affect them in a comparably serious manner. Consequently, discrimination based on mental illness must be treated as a prohibited ground of discrimination. However, as it was pointed out in Hoffmann v South African Airways 2001 (1) SA 1 (CC), it may in some instances be justified to discriminate on the ground of mental illness, if it is proved that the discrimination is based on an inherent requirement of a job. Section 15 of the EEA requires that, when the employer implements affirmative action measures, he/she must make reasonable accommodation for people from designated groups, in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce of a designated employer. Section 1 defines “reasonable accommodation” as “any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment”. Section 6(3) of the EEA provides that harassment is a form of discrimination and is prohibited among others on the ground of disability or any other arbitrary ground. Harassment is also a form of misconduct. The employer is required to take reasonable steps to prevent harassment and failure to do so, the employer is liable for such harassment. Where an employee who has a mental illness, commits an act of harassment against another employee, the employer should take into account its duty to reasonably accommodate the offending employee, the duty to take steps to prevent harassment and the fact that it may be automatically unfair to dismiss an employee for misconduct which was committed because of mental illness.
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ME Manamela. "The Contest Between Religious Interests and Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC)." Obiter 41, no. 4 (March 24, 2021): 961–73. http://dx.doi.org/10.17159/obiter.v41i4.10498.
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The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denied the right to practise their religion with other members of the community.In line with the Constitution, labour legislation such as the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA) also protects this right. Section 187(1)(f) of the LRA provides that if an employee is discriminated against and is dismissed based on religion, among other grounds, such a dismissal will be deemed to be an automatically unfair dismissal. Section 6(1) of the EEA prohibits unfair discrimination, whether direct or indirect, in any employment policy or practice based on prohibited grounds such as religion. It is evident from all the above provisions that the right to freedom of religion is vital to people’s lives, including employees’ lives.Although an employee has the right to practise religion, he or she also has the common-law duty to render services or to put his or her labour potential at the disposal of the employer as agreed in terms of the contract of employment – except during the employee’s annual leave, sick leave and maternity leave. An employee may therefore be in breach of this duty if he or she refuses to work or deserts his or her employment or absconds from his or her employment or is absent from work without permission. In addition to the above duty, employees have a duty to serve the employer’s interests and to act in good faith.
Often, employees’ right to freedom of religion collides with their duty to render services and to serve the employer’s interests; employees present various reasons related to their religious practices for their failure to render services. As a result, employers are regularly required to be lenient and make efforts to accommodate employees’ religious beliefs in the workplace. At times, this becomes a burden to employers as they have to accommodate employees with diverse individual religious interests, but also ensure that their businesses remain operational. Religion remains one of the most contentious and problematic areas for employees and employers to deal with in the workplace.The discussion that follows evaluates the court’s finding in view of relevant constitutional provisions, labour law legislation and common law. It further considers the position under American law regarding religion and reasonable accommodation in the workplace.
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Ebrahim, Shamier. "Reviewing the suitability of affirmative action and the inherent requirements of the job as grounds of justification to equal pay claims in terms of the Employment Equity Act 55 of 1998." Potchefstroom Electronic Law Journal 21 (January 12, 2018): 1–38. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1367.
Full textAbstract:
The purpose of this article is to analyse the grounds of justification to pay discrimination as contained in South African law, the Conventions and Materials of the International Labour Organisation and the equal pay laws of the United Kingdom. Lastly, an analysis will be undertaken to determine whether affirmative action and the inherent requirements of the job provide justifications proper to equal pay claims.
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Ebrahim, Shamier. "Equal Pay in Terms of the Employment Equity Act: The Role of Seniority, Collective Agreements and Good Industrial Relations: Pioneer Foods (Pty) Ltd v Workers against Regression 2016 ZALCCT 14." Potchefstroom Electronic Law Journal 20 (December 5, 2017): 1–19. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1524.
Full textAbstract:
Equal pay for equal work and work of equal value is recognised as a human right in international law. South Africa has introduced a specific provision in the EEA in the form of section 6(4) which sets out the causes of action in respect of equal pay claims. The causes of action are: (a) equal pay for the same work; (b) equal pay for substantially the same work; and (c) equal pay for work of equal value. In addition to the introduction of section 6(4) to the EEA, the Minister of Labour has published the Employment Equity Regulations of 2014 and a Code of Good Practice on Equal Pay for work of Equal Value. This constitutes the equal pay legal framework in terms of the EEA.
The Regulations sets out the factors which should be used to evaluate whether two different jobs are of equal value. It further provides for the methodology which must be used to determine an equal pay dispute and it sets out factors which would justify a differentiation in pay. The Code provides practical guidance to both employers and employees regarding the application of the principle of equal pay for work of equal value in the workplace, inter alia.
Regulation 7 sets out factors which would justify pay differentiation. These factors are: (a) seniority (length of service); (b) qualifications, ability and competence; (c) performance (quality of work); (d) where an employee is demoted as a result of organisational restructuring (or any other legitimate reason) without a reduction in pay and his salary remains the same until the remuneration of his co-employees in the same job category reaches his level (red-circling); (e) where a person is employed temporarily for the purpose of gaining experience (training) and as a result thereof receives different remuneration; (f) skills scarcity; and (g) any other relevant factor. If a difference in pay is based on any one or more of the above factors then it is not unfair discrimination if it is fair and rational. This is spelt out in regulation 7(1).
In Pioneer Foods (Pty) Ltd v Workers Against Regression 2016 ZALCCT 14 the seniority (length of service) factor was at the fore in the Labour Court. The Labour Court, on appeal, reversed an arbitration award in which the Commissioner found that paying newly appointed drivers at an 80% rate for the first two years of employment as opposed to the 100% rate paid to drivers working longer than two years in terms of a collective agreement amounted to unfair discrimination in pay. The CCMA, in essence, regarded the factor of seniority as a ground of discrimination as opposed to a ground justifying pay differentiation.
Pioneer Foods is noteworthy as it is one of the first reported cases from the Labour Court dealing with the relatively new equal pay legal framework. It raises the following important equal pay issues: (a) is seniority a ground of discrimination or a ground justifying pay differentiation? And (b) what is the role of a collective agreement and good industrial relations when determining an equal pay claim? The purpose of this note is to critically analyse these issues and guidance will be sought from South African Law, Foreign law and relevant ILO materials in this regard.
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Callaghan, Michael U., Claude Négrier, Ido Paz-Priel, Tiffany Chang, Sammy Chebon, Michaela Lehle, Johnny Mahlangu, et al. "Safety and Efficacy of Emicizumab in Persons with Hemophilia a with or without FVIII Inhibitors: Pooled Data from Four Phase III Studies (HAVEN 1-4)." Blood 136, Supplement 1 (November 5, 2020): 3–5. http://dx.doi.org/10.1182/blood-2020-137438.
Full textAbstract:
Introduction: Emicizumab-a subcutaneously administered, bispecific, humanized, monoclonal antibody-promotes effective hemostasis in people with hemophilia A (PwHA). The primary efficacy and safety of emicizumab were reported previously, but long-term data are limited. Here, data from a wide age-range of PwHA with/without factor (F)VIII inhibitors enrolled in the Phase III HAVEN 1 (NCT02622321), HAVEN 2 (NCT02795767), HAVEN 3 (NCT02847637), and HAVEN 4 (NCT03020160) studies are pooled to establish the durable efficacy and safety of emicizumab. Methods: The studies enrolled pediatric and adult PwHA with/without FVIII inhibitors. Participants received emicizumab prophylaxis 1.5 mg/kg weekly, 3 mg/kg every 2 weeks, or 6 mg/kg every 4 weeks. All participants assigned to receive emicizumab (including those assigned to control arms who later switched) are included in this analysis. Participants and/or caregivers recorded outcomes of bleeding events via the Bleed and Medication Questionnaire (BMQ). Data from HAVEN 1-4 were pooled for an aggregate analysis of emicizumab efficacy and safety. Efficacy endpoints include calculated mean annualized bleed rates (ABRs; discrete, consecutive 24-week treatment intervals), model-based ABRs (calculated via negative binomial regression for full study period), percentage of participants with zero and 1-3 treated bleeds, and annualized cumulative dose of coagulation factor (ACD). Safety endpoints include incidence of adverse events (AEs) and AEs of special interest. Results: Overall, 400 PwHA in HAVEN 1, 2, 3 and 4 (n=113, 88, 151, and 48, respectively) are included in the efficacy analysis for a total of 970.3 patient years (cutoff: 15 May 2020). The safety population comprises 399 PwHA who received ≥1 dose of emicizumab (1 PwHA was randomized to receive emicizumab but did not start treatment). The median age at baseline was 28.5 (range 1-77) years. The majority of participants were White (66.8%) or Asian (18.8%); 52.3% had FVIII inhibitors. In the 24 weeks prior to study entry, 60.9% of participants had target joints. The median duration of efficacy period was 120.4 (interquartile range 89.0-164.4) weeks; 85.0% of participants had an efficacy period of ≥74 weeks; 11 participants (2.8%) discontinued study treatment. Across all 4 studies, 90.9-94.8% of the observation period was covered by completed BMQs. Across all studies, the model-based treated bleed ABR was 1.4 (95% confidence interval 1.1-1.7); treated bleed ABRs remained low throughout, and were seen to decrease with successive 24-week treatment intervals (Table 1). During Weeks 121-144 (n=170), 82.4% of participants had zero treated bleeds, and 15.3% of participants had 1-3 treated bleeds. During the same period, 91.8% and 90.0% had zero treated spontaneous/joint bleeds respectively (Figure 1). The proportion of participants with target joints reduced from 60.9% prior to study entry to 4.6% at Weeks 1-24, then <1.5% in all subsequent treatment intervals. ACD of FVIII (Table 2), activated prothrombin complex concentrate (aPCC) and activated recombinant FVII (rFVIIa, Table 3) generally decreased across each 24-week treatment interval. Emicizumab was well tolerated (Table 4), and no participants discontinued due to AEs beyond the five previously described (Oldenburg et al. N Engl J Med 2017; Young et al. Blood 2019; Mahlangu et al. N Engl J Med 2018; Pipe et al. Lancet Haem 2019). At data cut, 1 fatality, 3 thrombotic microangiopathies (TMAs), and 4 thromboembolic events (TEs) have been reported; all but 1 occurred in HAVEN 1. All TMAs and 2 of 4 TEs were associated with concomitant aPCC use. The percentage of participants with ≥1 drug-related AE in Weeks 1-24, 25-48 and 49-72 were 28.8%, 6.8%, and 3.0% respectively; over the same intervals, injection site reactions were observed in 23.3%, 4.8%, and 2.5% of participants. Conclusions: With nearly 3 years of follow-up, emicizumab maintained low bleed rates in PwHA of all ages, with/without FVIII inhibitors. ABRs continued to decrease and the proportion of participants with zero treated bleeds increased with each consecutive 24-week period; the trend was the same for the proportion of participants with zero joint bleeds and almost all target joints resolved. The ACDs of FVIII, aPCC, and rFVIIa decreased with successive treatment intervals. Emicizumab remains well tolerated over long-term follow-up, and no new safety concerns have been identified to date. Disclosures Callaghan: Bayer: Honoraria, Membership on an entity's Board of Directors or advisory committees, Speakers Bureau; Biomarin: Honoraria, Membership on an entity's Board of Directors or advisory committees, Other: Site Investigator/sub-I Clinical Trial, Speakers Bureau; Shire: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding, Speakers Bureau; Pfizer: Honoraria, Membership on an entity's Board of Directors or advisory committees, Other: Site Investigator/sub-I Clinical Trial, Research Funding; Grifols: Honoraria, Membership on an entity's Board of Directors or advisory committees; Bioverativ: Membership on an entity's Board of Directors or advisory committees; Hema Biologics: Honoraria, Membership on an entity's Board of Directors or advisory committees; Alnylum: Current equity holder in publicly-traded company; Spark: Honoraria, Membership on an entity's Board of Directors or advisory committees; Octapharma: Honoraria, Membership on an entity's Board of Directors or advisory committees; Global Blood Therapeutics: Honoraria, Membership on an entity's Board of Directors or advisory committees, Other, Speakers Bureau; Roche/Genentech: Honoraria, Membership on an entity's Board of Directors or advisory committees, Other: Site Investigator/sub-I Clinical Trial, Speakers Bureau; NovoNordisk: Other, Speakers Bureau; Sancillio: Other. Négrier:CSL Behring, Octapharma, Shire/Takeda, Sobi: Research Funding; CSL, F. Hoffmann-La Roche Ltd, Sobi: Other: Travel support; Bayer, Biomarin, CSL Behring, Freeline, LFB, Novo Nordisk, Octapharma, Pfizer, F. Hoffmann-La Roche Ltd, Sanofi, Shire/Takeda, Sobi, Spark: Consultancy. Paz-Priel:Genentech, Inc: Current Employment; F. Hoffmann-La Roche Ltd: Current equity holder in publicly-traded company, Other: All authors received editorial support for this abstract, provided by Scott Battle, PhD, of Health Interactions and funded by F. Hoffmann-La Roche.. Chang:Genentech, Inc.: Current Employment, Current equity holder in publicly-traded company. Chebon:F. Hoffmann-La Roche Ltd: Current Employment, Divested equity in a private or publicly-traded company in the past 24 months. Lehle:F. Hoffmann-La Roche Ltd: Current Employment, Current equity holder in private company. Mahlangu:CSL Behring, Catalyst Biosciences, Freeline Therapeutics, Novo Nordisk, F. Hoffmann-La Roche Ltd, Sanofi, Spark and Takeda: Consultancy; South Africa Medical Research Council, Wits Health Consortium, Colleges of Medicine of South Africa: Membership on an entity's Board of Directors or advisory committees; CSL Behring, Catalyst Biosciences, Novo Nordisk, F. Hoffmann-La Roche Ltd, Sanofi, Spark and Takeda: Speakers Bureau; BioMarin, CSL Behring, Freeline Therapeutics, Novo Nordisk, Novartis, Pfizer, Sanofi, F. Hoffmann-La Roche Ltd, uniQure: Research Funding. Young:Bayer, CSL Behring, Freeline, UniQure: Consultancy; Genentech/Roche, Grifols, and Takeda: Research Funding; BioMarin, Freeline, Genentech/Roche, Grifols, Kedrion, Novo Nordisk, Sanofi Genzyme, Spark, Takeda, and UniQure: Honoraria. Kruse-Jarres:Biomarin, Chugai Pharmaceutical Co., CSL Behring, CRISPR Therapeutics, Genentech, Inc.: Consultancy; CSL Behring, Genentech, Inc., Spark: Research Funding; Biomarin, Chugai Pharmaceutical Co., CSL Behring, CRISPR Therapeutics, Genentech, Inc.: Honoraria; F. Hoffmann-La Roche Ltd: Speakers Bureau. Mancuso:Bayer, CSL Behring, Novo Nordisk, Pfizer, F. Hoffmann-La Roche Ltd, Octapharma, Kedrion, Grifols, Sobi, PedNet Foundation: Consultancy; Bayer, CSL Behring, Novo Nordisk, F. Hoffmann-La Roche Ltd, Octapharma, Grifols, Sobi: Speakers Bureau; Bayer, CSL Behring, Novo Nordisk, Pfizer, F. Hoffmann-La Roche Ltd, Octapharma, Kedrion, Grifols, Catalyst, Kedrion, Sobi: Membership on an entity's Board of Directors or advisory committees; Center for Thrombosis and Hemorrhagic Diseases, Humanitas Clinical and Research Center - IRCCS, Rozzano, Milan, Italy: Current Employment. Niggli:F Hoffmann-La Roche Ltd: Current Employment. Kuebler:Genentech, Inc.: Current Employment, Current equity holder in publicly-traded company. Selak Bienz:F. Hoffmann-La Roche Ltd: Current Employment. Shima:Chugai Pharmaceutical Co., F. Hoffmann-La Roche Ltd, BioMarin, Bayer, Sanofi: Membership on an entity's Board of Directors or advisory committees; Chugai Pharmaceutical Co. , Sanofi, Bayer, Sysmex: Speakers Bureau; Patents related to anti-FIXa/FX bispecific antibodies: Patents & Royalties; Chugai Pharmaceutical Co.: Honoraria; Chugai Pharmaceutical Co. , F. Hoffmann-La Roche Ltd, Sanofi, CSL Behring, KM Biologics, Novo Nordisk, Shire/Takeda: Research Funding; Chugai Pharmaceutical Co.: Consultancy. Jimenez-Yuste:F. Hoffman-La Roche Ltd, Novo Nordisk, Takeda, Sobi, Pfizer, Grifols, Octapharma, CSL Behring, Bayer: Honoraria; F. Hoffman-La Roche Ltd, Novo Nordisk, Takeda, Sobi, Pfizer: Consultancy; Grifols, Novo Nordisk, Takeda, Sobi, Pfizer: Research Funding. Schmitt:F. Hoffmann-La Roche Ltd: Current Employment, Current equity holder in publicly-traded company. Asikanius:Fimea: Current Employment; F Hoffman-La Roche Ltd: Ended employment in the past 24 months; F Hoffmann-La Roche Ltd: Divested equity in a private or publicly-traded company in the past 24 months. Levy:F Hoffmann-La Roche Ltd: Current equity holder in publicly-traded company; Genentech, Inc.: Ended employment in the past 24 months; Spark Therapeutics: Current Employment; Baxalta US: Patents & Royalties: Royalties from ADAMTS13 patent . Pipe:Medical and Scientific Advisory Council to the National Hemophilia Foundation; Medical Advisory Board to World Federation of Hemophilia: Membership on an entity's Board of Directors or advisory committees; Apcintex, Bayer, BioMarin, Catalyst Biosciences, CSL Behring, HEMA Biologics, Freeline, Novo Nordisk, Pfizer, F. Hoffmann-La Roche Ltd/Genentech, Inc., Sangamo Therapeutics, Sanofi, Takeda, Spark Therapeutics, uniQure: Consultancy; Siemens: Research Funding. Oldenburg:Bayer, BioMarin, Biotest, Chugai Pharmaceuticals Co., CSL Behring, Grifols, Novo Nordisk, Octapharma, Pfizer, F. Hoffmann-La Roche, Ltd, Spark, Swedish Orphan Biovitrum and Takeda: Speakers Bureau; Bayer, BioMarin, Biotest, Chugai Pharmaceuticals Co., CSL Behring, Freeline, Grifols, Novo Nordisk, Octapharma, Pfizer, F. Hoffmann-La Roche. Ltd, Spark, Swedish Orphan Biovitrum and Takeda: Other; Bayer, BioMarin, Biotest, Chugai Pharmaceuticals Co., CSL Behring, Freeline, Grifols, Novo Nordisk, Octapharma, Pfizer, F. Hoffmann-La Roche, Ltd, Spark, Swedish Orphan Biovitrum and Takeda: Membership on an entity's Board of Directors or advisory committees; University Clinic Bonn: Current Employment; Bayer, Biotest, CSL Behring, Novo Nordisk, Octapharma, Pfizer and Takeda: Research Funding; Bayer, BioMarin, Biotest, Chugai Pharmaceuticals Co., CSL Behring, Freeline, Grifols, Novo Nordisk, Octapharma, Pfizer, F. Hoffmann-La Roche, Ltd, Spark, Swedish Orphan Biovitrum and Takeda: Honoraria.
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Subramanien, Darren Cavell, and Judell L. Joseph. "The Right to Strike under the Labour Relations Act 66 of 1995 (LRA) and Possible Factors for Consideration that Would Promote the Objectives of the LRA." Potchefstroom Electronic Law Journal 22 (April 23, 2019): 1–39. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4400.
Full textAbstract:
The Labour Relations Act 66 of 1995 (hereafter the LRA) was promulgated to redress the injustices and inequality within labour relations. It seeks to do so through four objectives which give effect to the LRA's purposes of transformation within the labour relations framework. One of these objectives is to promote orderly collective bargaining. It is envisaged that if parties engage in collective bargaining, then disputes should be resolved speedily and amicably without having employees resort to strikes and employers to lock-outs. This in turn would ensure that production within the workplace continues without interruption. Thus, the workdays lost would be decreased and productivity would be increased. One of the main features of the LRA is the endorsement and regulation of strike action. Employers have always possessed greater authority than employees due to their managerial prerogative, thus strike action is viewed as a necessary way of levelling the playing field between employers and employees in the collective bargaining framework. Strike action is regarded as forming part of the collective bargaining framework. It has been acknowledged that without the threat of strike action, collective bargaining would be futile. However, strike action in South Africa has been increasingly alarming over recent years. This is primarily due to the manner in which employees are asserting their demands. There has been an undeniable increase in the intensity of violence, intimidation, harassment, destruction to property and civil unrest evident in strikes. Even more disturbing is that these strikes have not been contained within the employment relationship; instead, the ramifications of disorderly strikers have caused severe consequences for innocent members of society and the country as a whole. This article highlights the violent context in which strikes take place and the necessity of limiting potential violence. In doing so, this article seeks to consider the viewpoints of two judgments, Equity Aviation Services (Pty) Ltd v SA Transport & Allied Workers Union 2011 32 ILJ 2894 (SCA) and SA Transport & Allied Workers Union v Moloto 2012 33 ILJ 2549 (CC), which have addressed the issue of whether non-unionised members are required to provide separate notices of their intention to strike. It is argued that a strict interpretation of section 64(1)(b) of the LRA is required, in the light of the chaotic and violent strike action that has taken place over the years, as that would have the effect of creating greater certainty and predictability in the event of a strike. Thus, an expectation of order would be instilled which in turn would fulfil one of the objectives of the LRA, which is to promote orderly collective bargaining.
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Hinks, T. "Job Satisfaction and Employment Equity in South Africa." Journal of African Economies 19, no. 2 (October 8, 2009): 237–55. http://dx.doi.org/10.1093/jae/ejp019.
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Thomas, Adèle. "Employment equity in South Africa: lessons from the global school." International Journal of Manpower 23, no. 3 (May 2002): 237–55. http://dx.doi.org/10.1108/01437720210432211.
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Thomas, Adèle, and Harish C. Jain. "Employment equity in Canada and South Africa: progress and propositions." International Journal of Human Resource Management 15, no. 1 (February 2004): 36–55. http://dx.doi.org/10.1080/0958519032000157348.
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Jain, Harish C., Frank Horwitz, and Christa L. Wilkin. "Employment equity in Canada and South Africa: a comparative review." International Journal of Human Resource Management 23, no. 1 (January 2012): 1–17. http://dx.doi.org/10.1080/09585192.2011.606115.
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Venter, F. "Die beperkings van regstellende gelykheid." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2836.
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This is a compact review and analysis of the state of equality law in South Africa . Specific reference is made to what has been called "remedial" or "restitutionary" equality. From the analysis it appears that current equality law shows certain imbalances that are difficult to reconcile with the provisions of the Constitution. To point out shortcomings in equality law which is well intended to resolve the burning problems of inequality, can easily be misunderstood in the contemporary circumstances as a reactionary resistance against a necessary process of a justifiable drive for equality. Such is certainly not the purpose of this review. The intention is however to argue the position that striving for equality must be a balanced process in order to ensure that the boundaries of equality themselves are not transgressed, since that would contradict the very essence of equality. In the first section the constitutional provisions on equality are briefly described. It is noted that the Constitution does not establish "a right to equality", but that it consistently deals with equality as a value. The wording of section 9 does however justify a term such as "the equality right." Next the approach of the judiciary to equality, in which the analytical steps of interpretation that were developed by the Constitutional Court are set out, is reviewed with special mention of the role that has been allocated to the value of human dignity in the interpretation and application of equality rights. In the third section an answer is sought to the question what "equality" means. As opposed to the choice of equality jurisprudence in the USA for a formal notion of equality, the South African courts operate with the concept of substantive equality. It is in this context that mention is made of "remedial or restitutionary equality". Equality is given a meaning which implies action. This is supported partly by the wording of sections 1 and 9(2) of the Constitution, but not by the formulation of sections 7(1), 9(1), 36(1) or 39(1). The only constitutional provision which imparts meaning directly to the notion of equality, is section 9(2), providing that "equality includes the full and equal enjoyment of all rights and freedoms." This gives meaning to equality as a value, to the equality rights and to equality as a description in the Constitution of the nature of the society that is being striven for. The complexity and multi-faceted nature of equality does not allow for a simplistic approach to its meaning. The boundary between equality and inequality is quite sharp and the mobilization of equality for the achievement of political, ideological or pragmatic goals can readily lead to inequality and injustice. Against this background the most important pieces of equality legislation, the Employment Equity Act, 1998 and the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000, are discussed. These Acts were adopted "to promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination" in terms of section 9(2) of the Constitution. Both however contain provisions that go beyond the scope of the Constitution by e.g. the addition of grounds upon which unfair discrimination is prohibited and by excluding affirmative action measures from the meaning of unfair discrimination. The Constitution can not be interpreted in a manner that would allow unfair discrimination for any purpose. The legislation however seem to disregard the possibility of affirmative action becoming discriminatory in itself. This resonates with the view that "substantive equality" allows for measures "that favour relatively disadvantaged groups at the expense of those who are relatively well off". It is however submitted that not the current ideology behind affirmative action, nor one's preferred understanding of equality or the analytical model that is being used, can determine what the justifiable content of equality law should be: the question is rather what may be justified in law, specifically under the Constitution. The form in which elements of the equality legislation are cast, viz. guidelines for its application and illustrative lists of unfair practices, harbours the danger that uncareful interpreters of the law could be seduced to give precedence to the legislation above the Constitution. This would result in a persecutory application of equality law in terms of examples in stead of the constructive and principled approach required by the Constitution. The equality laws also attempt to extend the list of grounds contained in section 9(3) of the Constitution upon which discrimination is presumed to be unfair by the addition of HIV status, family responsibility, political opinion, socio-economic status, nationality and family status. The constitutionality of amending section 9(3) in this manner by means of ordinary legislation is suspect, especially if it is considered that differentiation which is justifiable under the Constitution may be rendered unfair discrimination under ordinary legislation. It is concluded that an emphasis on only the restitutionary element causes a conceptual tension to occur within the multi-faceted notion of equality. This can not be explained only in terms of the distinction between formal and substantive equality, since an over-emphasis of restitution will inevitably bring about imbalances in the outcome of equality actions, i.e. within the framework of striving for substantive equality. Some commentators, courts and the legislature tend to attempt to improve on the Constitution insofar as the achievement of equality is concerned. It is submitted that such attempts are unnecessary, since the Constitution makes sufficient provision for the restitutionary process while the balance of a comprehensive notion of equality is maintained in the form of equality as core value. The limitation of the concept of equality to restitutionary equality will unjustifiably impoverish and partially neutralize the constitutional text. Lessons must in this regard be learnt from the pre-constitutional errors of positivistic legal interpretation.
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Horwitz, Frank M., Angus Bowmaker-Falconer, and Peter Searll. "Employment equity, human resource development and institution building in South Africa." International Journal of Human Resource Management 6, no. 3 (September 1995): 671–85. http://dx.doi.org/10.1080/09585199500000042.
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Wöcke, Albert, and Margaret Sutherland. "The impact of employment equity regulations on psychological contracts in South Africa." International Journal of Human Resource Management 19, no. 4 (April 2008): 528–42. http://dx.doi.org/10.1080/09585190801953525.
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Pillay, Anthony L., and Anne L. Kramers. "South African Clinical Psychology, Employment (In)Equity and the “Brain Drain”." South African Journal of Psychology 33, no. 1 (March 2003): 52–60. http://dx.doi.org/10.1177/008124630303300107.
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The current study investigated race, gender and the “brain drain” in the Midlands Hospital (Pietermaritzburg) intern clinical psychology training programme. During the 20-year period between 1981 and 2000 a total of 128 interns were accepted into the programme. Almost three-quarters of the interns were White, and the majority of the sample was unskilled in the predominant language spoken in the region. Approximately 60% of the interns trained were female. No significant increase in the intake of Black interns was observed during the post-apartheid period (i.e.1994 to 2000). However, a significant increase in female interns was noted during that period. At the time of writing this article, almost one-quarter of the interns were working outside South Africa, the majority in Europe. Considering the findings, it is imperative that the profession re-examines its goals in post-apartheid South Africa, and makes concerted efforts to develop the mechanism to attain these. In addition, the profession and government need to take very seriously the “brain drain” problem and jointly develop acceptable ways of alleviating it.
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Benner, Chris. "Digital Development and Disruption in South Africa: Balancing Growth and Equity in National ICT Policies." Perspectives on Global Development and Technology 2, no. 1 (2003): 1–26. http://dx.doi.org/10.1163/156915003322649608.
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AbstractInformation and communication technologies (ICTs) are both critical for economic development and highly disruptive to existing employment opportunities. Maximizing the potential of ICTs requires both promoting their use and addressing the inequality and dislocation they may cause. This paper examines South African national policy efforts that have an explicit goal of both growth and equity in the promotion of ICT use. Through an examination of two particularly high profile programs, the paper argues that national policy underestimates the potentially negative impact of ICTs on traditional employment sectors and fails to address the volatile nature of employment and skill requirements in ICT industries themselves. As a result, unless these shortcomings are addressed, national ICT policy in South Africa seems likely to further contribute to the disruption of existing employment opportunities while contributing to growing inequality.
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Abel, Martin, Rulof Burger, and Patrizio Piraino. "The Value of Reference Letters: Experimental Evidence from South Africa." American Economic Journal: Applied Economics 12, no. 3 (July 1, 2020): 40–71. http://dx.doi.org/10.1257/app.20180666.
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We show that reference letters from former employers alleviate information frictions in a low-skill labor market, improving applicant screening and gender equity. A resume audit study finds that using a reference letter in the application increases callbacks by 60 percent. Women drive the effect. Letters are effective because they provide valuable information about workers’ skills that employers use to select applicants of higher ability. A second experiment, which encourages job seekers to obtain and use a reference letter, finds consistent results. In particular, reference letters raise job interviews and employment for women. (JEL D83, J16, J24, J64, O12)
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Tladi, Portia Mahwibi, and Molefe Jonathan Maleka. "Framework for Advancement of Women Working in Selected Regulatory Organizations in South Africa." Journal of Economics and Behavioral Studies 9, no. 3(J) (July 20, 2017): 141–51. http://dx.doi.org/10.22610/jebs.v9i3(j).1753.
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The purpose of this study was to develop a framework that would be used as a guideline for managers to create a conducive environment for women to advance into management positions in selected regulatory organizations operating in the maritime and aviation industries. The literature reviewed revealed that mentoring, employment equity legislation, and not confirming to stereotypes were some of the factors leading to women’s advancement into management positions. Feminism and equity theory were used to give the study theoretical grounding. The research approach was qualitative, the population size was twenty (N=20) and the sample size was fifteen (n=15). The latter was attained after the saturation point had been reached. The research protocol was developed from the literature reviewed. Face-to-face interviews were conducted and qualitative content analysis was used to develop study themes manually. The major findings of the study were that these factors enhanced women’s advancement into management positions: qualification and industry-related experience, fair recruitment and selection practices, proper handover, mastering work–life balance, and leadership and management development. It is envisaged that the results will empower managers and policy-makers dealing with employment equity, given the fact that women advancement into management positions is moving at a slow pace. In future a study can be conducted where a bigger sample size is used and the researchers could use the mixed-method approach. Furthermore, a follow-up study could be conducted using the same participants to establish whether they have advanced or not.
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Tladi, Portia Mahwibi, and Molefe Jonathan Maleka. "Framework for Advancement of Women Working in Selected Regulatory Organizations in South Africa." Journal of Economics and Behavioral Studies 9, no. 3 (July 20, 2017): 141. http://dx.doi.org/10.22610/jebs.v9i3.1753.
Full textAbstract:
The purpose of this study was to develop a framework that would be used as a guideline for managers to create a conducive environment for women to advance into management positions in selected regulatory organizations operating in the maritime and aviation industries. The literature reviewed revealed that mentoring, employment equity legislation, and not confirming to stereotypes were some of the factors leading to women’s advancement into management positions. Feminism and equity theory were used to give the study theoretical grounding. The research approach was qualitative, the population size was twenty (N=20) and the sample size was fifteen (n=15). The latter was attained after the saturation point had been reached. The research protocol was developed from the literature reviewed. Face-to-face interviews were conducted and qualitative content analysis was used to develop study themes manually. The major findings of the study were that these factors enhanced women’s advancement into management positions: qualification and industry-related experience, fair recruitment and selection practices, proper handover, mastering work–life balance, and leadership and management development. It is envisaged that the results will empower managers and policy-makers dealing with employment equity, given the fact that women advancement into management positions is moving at a slow pace. In future a study can be conducted where a bigger sample size is used and the researchers could use the mixed-method approach. Furthermore, a follow-up study could be conducted using the same participants to establish whether they have advanced or not.
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Diedericks, Leana. "The Employment Status of Magistrates in South Africa and the Concept of Judicial Independence." Potchefstroom Electronic Law Journal 20 (November 8, 2017): 1–32. http://dx.doi.org/10.17159/10.17159/1727-3781/2017/v20i0a1475.
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Protection in terms of labour law is primarily only available to persons with status as employees. In South Africa the courts have over the years developed different tests to establish who is an employee and therefore entitled to protection afforded by labour law. These tests have been incorporated into legislation. The Labour Relations Act 66 of 1995 provides for a definition and presumption of who is an employee. The Act further excludes certain categories of persons from its application and ambit. Although magistrates have not expressly been excluded from the application of the Act, it has been held that they are not employees, because such a categorisation would infringe upon the principle of judicial independence as guaranteed by the Constitution of the Repubblic of South Africa, 1996.
The purpose of this paper is to evaluate whether magistrates could be categorised as employees in terms of the traditional tests of employment and still be able to maintain judicial independence as required by the South African Constitution.
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Victor, Janine, Gideon Smith, Abraham Van Wyk, and Shanelle Ribeiro. "Plant taxonomic capacity in South Africa." Phytotaxa 238, no. 2 (December 11, 2015): 149. http://dx.doi.org/10.11646/phytotaxa.238.2.3.
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South Africa’s exceptionally rich and diverse flora faces challenges in terms of utilisation, management and conservation; these actions are underpinned by taxonomic research. The principal purpose of this review is to determine whether South Africa has the human capacity and resources to conduct taxonomic research that is required to support end-users of plant taxonomic information, and to identify shortages of capacity or resources that might prove to be an obstacle for plant taxonomic research. From an analysis of the existing gaps in taxonomic information, current research trends, and resources, it is apparent that there is a critical shortage of human capacity in South Africa to conduct plant taxonomic research for the benefit of biodiversity and society. Training institutions need to ensure the supply of suitably trained graduates including concentrating on those who meet Employment Equity targets. The need for more taxonomists is clearly justified, but may not be a priority in a country that already has such shortages of capacity in education and social services. Aside from lobbying for more jobs to be created, there is an urgent need to utilise available resources (human and other) effectively, and to implement a strategy for taxonomic research to ensure that priority activities are conducted.
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Horwitz, Frank M., and Harish Jain. "An assessment of employment equity and Broad Based Black Economic Empowerment developments in South Africa." Equality, Diversity and Inclusion: An International Journal 30, no. 4 (May 3, 2011): 297–317. http://dx.doi.org/10.1108/02610151111135750.
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Gravett, Sarah, and Coert Loock. "Towards a governance and management model for teaching schools in South Africa." South African Journal of Childhood Education 4, no. 3 (December 30, 2014): 18. http://dx.doi.org/10.4102/sajce.v4i3.237.
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This article reports on a project that was aimed at establishing a model for the governance of teaching schools in South Africa within the framework of the current legal dispensation for the public and the independent schooling sector. The paper mainly addresses the powers and functions of public schools and school governing bodies as defined within the broader framework of The South African Schools Act 84 of 1996, The National Education Policy Act (Act 27 of 1996), and the Employment of Educators Act (Act 76 of 1998). The analysis of these statutes informed the proposal of four possible models for governance of teaching schools. The article recommends two models that fit the mandate of teaching schools as envisioned in the Integrated Strategic Planning Framework for Teacher Education and Development in South Africa, 2011–2025: 1) a model that provides for teaching schools as a school type at national (not provincial) level, and 2) the independent school model
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Gobind, Jenni, Graham du Plessis, and Wilfred Ukpere. "Perceptions of Domestic Worker towards the Basic Conditions of Employment Act of South Africa." Journal of Social Sciences 37, no. 3 (December 2013): 225–35. http://dx.doi.org/10.1080/09718923.2013.11893221.
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Cohen, Tamara, and Luendree Moodley. "Achieving "decent work" in South Africa?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (May 25, 2017): 319. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2490.
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The fundamental goal of the International Labour Organisation is the achievement of decent and productive work for both women and men in conditions of freedom, equity, security and human dignity. The South African government has pledged its commitment to the attainment of decent work and sustainable livelihoods for all workers and has undertaken to mainstream decent work imperatives into national development strategies. The four strategic objectives of decent work as identified by the ILO are: i) the promotion of standards and rights at work, to ensure that worker's constitutionally protected rights to dignity, equality and fair labour practices, amongst others, are safeguarded by appropriate legal frameworks; (ii) the promotion of employment creation and income opportunities, with the goal being not just the creation of jobs but the creation of jobs of acceptable quality; (iii) the provision and improvement of social protection and social security, which are regarded as fundamental to the alleviation of poverty, inequality and the burden of care responsibilities; and (iv) the promotion of social dialogue and tripartism. This article considers the progress made towards the attainment of these decent work objectives in South Africa, using five statistical indicators to measure such progress namely: (i) employment opportunities; (ii) adequate earnings and productive work; (iii) stability and security of work; (iv) social protection; and (v) social dialogue and workplace relations. It concludes that high levels of unemployment and a weakened economy in South Africa have given rise to a growing informal sector and an increase in unacceptable working conditions and exploitation. The rights of workers in the formal sector have not filtered down to those in the informal sector, who remains vulnerable and unrepresented. Job creation initiatives have been undermined by the global recession and infrastructural shortcomings and ambitious governmental targets appear to be unachievable, with youth unemployment levels and gender inequalities remaining of grave concern. Social protection programmes fail to provide adequate coverage to the majority of the economically active population. Social dialogue processes and organisational structures fail to accommodate or represent the interests of the informal sector. Until these problems are overcome, the article concludes, it remains unlikely that decent work imperatives will be attained.
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Reddy, P. S., and R. B. G. Choudree. "Public Service Transformation and Affirmative Action Perspectives in South Africa." Public Personnel Management 25, no. 1 (March 1996): 25–39. http://dx.doi.org/10.1177/009102609602500103.
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Affirmative action is on the agenda in South Africa. It is generally accepted that the new constitution will include a bill of rights which will contain a clause ensuring equality of all persons. It is this clause which will outlaw discrimination and which will sanction affirmative action. However, it is probably that the bill of rights will have to be supplemented by legislation on discrimination, affirmative action and employment equity, which will determine, for example whether and how the Public Service (and the private sector) are compelled or permitted to implement affirmative action. While approaches and strategies to affirmative action vary considerably, there is general acceptance that it may be an effective mechanism of ensuring social justice in the public service. It can play a pivotal role in equalizing and democratizing public instirutions in South Africa.
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Subotzky, George. "Addressing Equity and Excellence in Relation to Employment: What Prospects for Transformative Change in South Africa?" Equity & Excellence in Education 34, no. 3 (December 2001): 56–69. http://dx.doi.org/10.1080/1066568010340308.
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Huysamen, Elsabé. "An Overview of Fixed-Term Contracts of Employment as a Form of A-typical Employment in South Africa." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–42. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4605.
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A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, however, by unscrupulous employers and are generally regarded as providing less security to employees than permanent employment. The article considers the general use of fixed-term contracts and addresses selected issues pertaining to the 2014 amendments to the Labour Relations Act 66 of 1995 in as far as these contracts are concerned. The article also considers the potential effect these amendments might have on common historic problems associated with fixed-term contracts and highlights certain unresolved problem areas and uncertainties.