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updated 5:50 PM CDT, Aug 11, 2019
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Employment Equity Compliance Orders

Employment Equity Compliance Orders

Sourced - Employment Equity Committee Report - DOL Website

 What is the Council for Employment Equity saying about Compliance Orders?

  • There are those people who see the Act as a piece of legislation that is both racist and in fact an instrument of reverse racism - some even go further to say that the implementation of this Act promotes nepotism and cronyism. Views that seek to bring this Act to an abrupt end have been expressed as it is alleged that the Act seems to be racially divisive and its application too mechanistic. Many attempts, albeit unsuccessful, have been waged by, amongst others, right wing elements, including some political parties, certain universities and analysts to discredit the Commission and individuals that promote the implementation of this Act.

  • This report will dispassionately detail the progress or lack thereof in achieving the policy objectives of equitable workplaces at all occupational levels. It will also show that the allegation surrounding the under representation of the so-called minority groups (i.e. Coloureds, Indians and Whites) is not true.

  • In addition, the report will reflect the disproportionate over-representation of White people in general, White males in particular, at the top echelons in most organisations and the under-representation of people with disabilities, Coloureds and Africans.

  • Even more disappointing has been the behaviour of some beneficiaries of the Employment Equity Act, who are at the top echelons of some of these organisations and have now become proxy or worse than some of their untransformed White counterparts. These ‘reasonable’ beneficiaries have become complicit in frustrating transformation by not assisting their organisations to acquire the skills of other Black people - for some reason they seem to think transformation ended with their appointment. These Black people continue to discredit themselves by becoming very eloquent and poetic about transformation, yet have no substantive evidence to back up their poetry.

  • Furthermore, the Commission is seriously considering implementing a ‘name and shame’ strategy against structures such as the nomination committees, boards, human resources and, in particular, chairperson’s, chief executive officers and managing directors that have influence in the appointment of top and senior management personnel.

Key recommendations from the Council for Employment Equity

  • Greater collaboration between the Commission with the relevant Chapter 9 institutions to consolidate the messaging

  • Greater collaboration with NEDLAC social partners, especially big business

  • Zero tolerance on defaulting companies which MUST result in prosecution

  • Government MUST exercise the power in its disposal as per section 53 of the EE Act

  • The fines must be escalated to 10% of turnover similar to the Competitions Commission

  • Name and Shame in 2009/10 to target companies in breach individually rather than grouping the

  • offenders and by default providing “safety in numbers” cushion

  • Name and Praise for companies that show compliance with both procedural and substantive aspects of the law.

  • The continued exclusion of “people of colour” in the mainstream US economy, despite them being a minority, is testimony that markets on their own are incapable of transforming society. The legislative enforcement of the Employment Equity Act is still the ONLY viable option to rationally democratise the economic emancipation of our people.

 

Gary Watkins

Gary Watkins

Managing Director

BA LLB

C: +27 (0)82 416 7712

T: +27 (0)10 035 4185 (Office)

F: +27 (0)86 689 7862

Website: www.workinfo.com
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