Tag: Employment Equity Act (EEA)

Discrimination based on one’s appearance is an ever-changing area of law that impacts employees and potential candidates worldwide. Subconscious appearance preferences that are founded on societal norms lead to employees and potential candidates being the subject of discrimination when they fail to meet certain, unilaterally imposed standards.

Employment Equity Act (EEA) Amendment Bill has been approved by the National Council of Provinces and it is waiting for the president’s signature. Once the president has signed this Bill into law, Chapter 2 will immediately be activated as the criteria by which companies will deemed to be compliant.

The National Council of Provinces passed the Employment Equity Amendment Bill (Bill) on Tuesday, 17 May 2022. The bill is in its final stage of promulgation as it has been sent to the President for signing. The Bill will amend the Employment Equity Act 55 of 1998 (Act). 

South Africa has one of the highest unemployment rates globally, which results in significant economic challenges. It has also created a growing contingent of discouraged job seekers, who have effectively given up on trying to secure employment, which exacerbates the issue.

The gender pay gap is holding back African economies from unlocking their true potential. The impact of the COVID-19 pandemic has resulted in widespread job losses globally, disproportionately affecting women more than men. It is more urgent that ever to address the lack of gender equality on the African continent across all spheres of society.

Many employers have placed their hopes of a return to the pre-COVID-19 workplace on the development of a COVID-19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunised, no one will, at this stage, be legally required to take the vaccine.

An employer cannot unilaterally change an employee’s retirement age. Should the employer do so and terminate the employee’s employment, the dismissal may constitute an automatically unfair dismissal and amount to unfair discrimination.

The Minister of Employment and Labour has published for comment a Draft Code of Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Code). The Code applies to all sectors (both public and private) in the formal and informal economy.

A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment of persons from designated groups. 

The law prohibits employers from disciplining employees who are ill or disabled. The Employment Equity Act prohibits unfair discrimination against employees on the grounds of illness. Section 187(1)(f) of the Labour Relations Act  (LRA) renders automatically unfair a dismissal implemented due to the employee’s illness.