Employnt Equity and the need for compliance
Des Squire
Adult Education and training as well as Management, Skills Development and Employment Equity consulting
The need to take transformation more seriously is high on the agenda at the Department of Labour. The Minister and Government are adamant it will happen or employers will suffer the consequences. The reality of transformation is currently been given “lip service” and in many companies where little or nothing is happening to bring about the required change. The place to start is with a proper Employment Equity plan and the introduction of an Employment Equity Forum. You may also make use of the Skills Development Forum or a combined forum.
The need to consult with employees on EE matters and Skills development issues is enshrined in the EE Act, the SDA and the LRA and is now a requirement for WSP and ATR submissions. Employers often overlook this requirement.
Non-compliance may well lead to heavy fines and as of this year, there will be serious consequences for non-compliance. Now is the time for action to ensure your company is compliant.
The EE Act of 1998 - introduced to foster and promote sound and fair workplace practices. In order to address the inequalities in employment patterns and practices, it was necessary to address the issue of inequality in the workplace.
The act is specific in terms of minimum requirements and on the completion of EE reports while at the same time making it possible for employees to question employers on issues related to Employment Equity. Designated employers are required to establish a consultative forum in order to give effect to the process.
We recently saw the release of the latest report on Employment Equity. There were no surprises in this as very little has changed over the years. The Labour Minister's threat to once again 'name and shame' companies that aren't making progress or complying with the letter and spirit of the Employment Equity Act is not surprising as transformation is far too slow. Top management positions over the past 10 years or more has changed very slightly and white managers still dominate.
It is for this reason the minister has introduced the revised EE Act and the proposed quotas for the various sectors. Companies have failed to hear what was proposed and paid lip service to the requirements of the Act.???
Finding of key executives from historically disadvantaged groups may not be easy to do but taking active steps to develop such individuals, while at the same time nurturing and sustaining such talent from within companies is possible.
Succession planning is an absolute and needs to be uppermost in the thinking of every board member, ever human resources department and in the mind of every SDF. Succession planning however must start at the bottom of the ladder and not necessarily at the top.???
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It would be unrealistic to expect companies to promote incompetent individuals for management positions or to “just pluck” them off the street. If companies make a decision now to start doing a little more, we can bring about the required transformation.?
Preparation of possible candidates for management positions coupled with the necessary mentoring, training, up skilling and empowerment are some of the areas that should be under consideration and should be ongoing. We need to change mind-sets if we are to achieve these objectives.
Companies in South Africa will have no one to blame but themselves if they fail to clean up their act and address the issue of non-compliance.
Who are the ones to criticise now because the minister has decided to takes action that is more stringent in order to whip employers into submission???
Des Squire (Managing Member)
AMSI and Associates cc
We can assist in a consultancy capacity or with training for EE Forum members, SD Forum Members or Combined Forum members – We also assist with the formation of the various forums.