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EE Legislation and Case Law

The Constitution is the "mother" of all pieces of legislation. When interpreting any legislation it should be interpreted to give meaning to the Constitution. In terms of Employment Equity, you are kindly referred to Chapter 2 (Bill of Rights) with specific reference to Section 9: Constitution of the Republic of South Africa .

The main intention of the Employment Equity Act is to eradicate all forms of unfair discrimination against any staff member and applicant. It is unfair to discriminate a staff member or an applicant on one or more of the following grouds; race, gender, sex, religion sexual orientation etc.  It is imperative for the staff members to understand the provisions of the Employment Equity Act in order for them to contribute to the University endeavors to eradicate unfair discrimination.

Amendments to the Employment Equity Act no 42 of 2013

The purpose of this document is to advise staff of the amendments to the Employment Equity Act and its impact on Rhodes University’s employment equity practices and policies. 

These amendments to the Act were passed 17 October 2013 and in terms of the Act must be implemented by March 2014. For Rhodes University’s practices and policies, any changes that are required (a number of our practices are already compliant) will be implemented on 1 August 2014. 

Amendments to the Employment Equity Act no 42 of 2013

The Employment Equity Act requires the employers to have affirmative action plans and implement affirmative action measures. The affirmative action measures does not mean that members of undesignated groups should not be appointed or discriminated against. If the employer does not have an affirmative action plan, it is unfair for that employer not to appoint a member from undesignated group citing affirmative action measures. The Labour Law Judgement in a matter between Independent Municipal & Allied Workers Union v Greater Louis Trichardt Transitional Local Council this was found to be unfair.

The Labour Court Ruling  in a matter betwen Solidarity obo Barnard v SA Police Services (2010), a decision by the National Commissioner not to appoint a deserving white female police captain to a vacant post solely because her promotion would not address representivity was found to be unfair.

 

 

 

Last Modified :Thu, 18 Sep 2014 18:28:56 SAST