How companies create and implement Employment Equity plans

Aubrey Masango chats to Employment relations and employee benefits consultant Galeboe Modisapodi.

Modisapodi says the historical and legal context of the Employment Equity Act stems from the constitutional understanding that everyone is equal before the law and has the right to protection and benefit from the law.

The Act also includes the elimination of unfair discrimination.

"It puts in place measures to mitigate against the historically unfair discrimination of what the law calls designated groups."

- Galeboe Modisapodi, Employment relations and employee benefits consultant

How is the Employment Equity Act implemented concretely in the workplace? 

In cases where two rights clash, there need to be criteria to balance these. Given the long history of racial discrimination in South Africa, and the Act serving to redress this, when a White person contests for a job, should he or she be excluded?

"The answer has to be 'no'."

- Galeboe Modisapodi, Employment relations and employee benefits consultant

But, several factors enter the equation, he says. 

"He can't argue that the employer is unfair against him for implementing affirmative action, because the law recognises that there are social and economic conditions that don't bode well for equality to be achieved, and there are measures that should be put in place to address that."

- Galeboe Modisapodi, Employment relations and employee benefits consultant

The obligation rests with the employer to put measures in place to ensure that equality can be achieved substantively, he adds.

This takes the form of an Employment Equity Plan.

The employer must consider the rights of both the designated and non-designated groups to achieve what is set out in the Employment Equity Act.

"Both parties effectively have rights contained in the Bill of Rights that need protection."

- Galeboe Modisapodi, Employment relations and employee benefits consultant

The parameters employers need to look at when putting the plans together are ensuring policies and practices that promote equality and ensure these encourage fairness and provide opportunities.

Employers should look to mirror the demographics of the country, he says.

"But in doing so, they can't be so strict as to result in effectively quotas being formulated."

- Galeboe Modisapodi, Employment relations and employee benefits consultant

Modisapodi adds that various areas of South Africa, such as the Western Cape, have a different demographic breakdown. So, employers need to decide whether they follow the national demographics or, instead, follow the population in specific geographic areas.

Part of formulating the plans involves engaging with organised labour and other interest groups in the workplace, including non-unionised employees.

The plan has to be signed off and submitted to the Department of Labour. It is then implemented and progress against that plan is measured.

Companies will then receive an annual report on performance from the Employment Equity Commission

Scroll up to the audio player to listen to the interview.