2 March 2009
KwaZulu-Natal labour inspectors have stepped up Employment Equity (EE) law
enforcement throughout the province, with 42 inspections already conducted at
various companies since June last year. This is in addition to more than 1 100
procedural inspections undertaken during the same period.
An EE roving unit that was set up provincially to focus mainly on the
substantive levels of compliance by designated employers sees itself surpassing
the 48 mark target that it had set for a period of 12 months with four months
still remaining. Inspectors are checking for compliance with the Employment
Equity Act by scrutinising whether designated employers are implementing EE
plans and applying affirmative action measures to end unfair discrimination in
the workplace.
Inspectors are also checking the companyâs workforce profile in comparison
to the national economic active population demographics to establish equitable
representation, workforce movement in relation to recruitment, promotion,
termination, and skills development. From the inspections conducted so far,
none of the employers were found to be 100 percent compliant during the first
visit. The most common violations include affirmative action measures not being
implemented, no consultation with workers taking place, EE plans not
implemented and no senior manager assigned to drive the process. Written
undertakings have been secured from these employers. Should it be found that
the employer has failed in adhering to written undertaking a compliance order
will then be served.
The matter may also be further referred to the Labour Court to apply for a
compliance order be made an order of the court should employers persist in
ignoring the law. Defaulters may be prosecuted and if found guilty, a minimum
fine of R500 000 00 may be imposed.
Issued by: Department of Labour
2 March 2009
Source: Department of Labour (http://www.labour.gov.za/)
