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 discrinate 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 endouvers to eradicate unfair discrimination.

The Emplyment 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.