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Employment Equity – Consultation

Employment Equity – Consultation

Blueprint Summary

The spirit of the Employment Equity Act (EEA) is to ensure that workplaces are free from unfair discrimination and to ensure that employers take active steps to promote equal opportunities and fair employment and workplace practices. At KAP the vision is to go beyond compliance in that this platform creates a positive platform for meaningful employee engagement.

The following Sets of Blueprints takes divisions through each of the required steps in the process and provides the minimum requirements for Legislative and Group Compliance.

  • Awareness

  • Consultation

  • Analysis

  • Plan

  • Monitoring & Evaluation

  • Reports

Employment Equity Consultation (Section 16)

The duty to consult –

Section 16 of the Employment Equity Act, 1998 stipulates that a designated employer “must take reasonable steps to consult and attempt to reach such agreement on the matters referred to in section 17 of the Act”.  Section 17 refers to consultation with employees on conducting a workforce profile analysis and the preparation and implementation of the employment equity plan and the annual reports (section 21). 

Appointment of Employment Equity Manager (Section 24)

The Senior Manager responsible for Employment Equity as appointed per Section 24 of the EEA will facilitate and/ or put structures in place to facilitate effective consultation as part of the employment equity process.

Establishment of the Employment Equity Committee for Consultation

There is a legal requirement that consultative forums be established. As per legislative requirements, employers need to consult with employees or their nominated representatives. This entails that the committee is established with representatives from every race, gender and occupational level. The Divisions might need to add individuals to this committee whom weren’t voted for during the initial nomination process to ensure a representative committee. These committee members must be appointed via an appointment letter, outlining their duties and responsibilities, much like the appointment letter of the S24 Manager. It is encouraged that the EE Committee and the Skills Development Committee are combined to form one committee.

What to Consult on

The following topics are consulted on:

• The Workplace Quantitative and Qualitative Analysis
• The EE Plan
• The EE Reports

Process flow

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Establishing Committee
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Employment equity
Manager
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Workforce
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Meeting Feedback
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Employer
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Conduct Committee Meeting
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Employment equity
Committee
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Approve And Allocate
Action Items
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Consulting
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Employment equity
Manager
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Workforce
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Create Agenda
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Meeting Feedback
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Distribute Agenda
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Employer
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Conduct Committee Meeting
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Employment equity
Committee
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Approve And Allocate
Action Items
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Process Specification

Process Owner

Stakeholder(s)

Recording Requirements

Storage Requirements

Reporting Requirements

Audit Requirements

Notifications

Reminders

Transparency & Communication

Knowledge & Skills

System

Workflows

Legislation & Governance

Templates, Forms, Guides and Work Instructions

The Process

Inputs are all of the Elements deemed necessary to complete the process successfully.

  • Employment Equity Act
  • Employment Equity Policy
  • Occupational Level Classifications
  • Appointment of Employment Equity Manager
  • Establishing of Employment Equity Committee
  • Consultation with Trade Unions/ Workforce that includes:
    • The Analysis
    • The Plan
    • The Report
    • Proof of all submissions

Employment Equity Consultation (Section 16)
The duty to consult –
Section 16 of the Employment Equity Act, 1998 stipulates that a designated employer “must take reasonable steps to consult and attempt to reach such agreement on the matters referred to in section 17 of the Act”.  Section 17 refers to consultation with employees on conducting a workforce profile analysis and the preparation and implementation of the employment equity plan and the annual reports (section 21). 

Appointment of Employment Equity Manager (Section 24)
The Employment Equity manager or Section 24 manager will facilitate the employment equity process. The criteria when selecting an Employment Equity manager needs to be adhered to, to ensure full compliance:

  • Permanent senior manager reporting directly to CEO on Employment Equity matters
  • Employment Equity Outcomes incorporated into performance agreement
  • Assigned executive authority and mandate
  • Provided with appropriate budget and resources

Establishment of the Employment Equity Committee for Consultation

There is a legal requirement that consultative forums be established. As per legislative requirements, employers need to consult with employees or their nominated representatives. This entails that the committee is established with representatives from every race, gender and occupational level. The Divisions might need to add individuals to this committee whom weren’t voted for during the initial nomination process to ensure a representative committee. These committee members must be appointed via an appointment letter, outlining their duties and responsibilities, much like the appointment letter of the S24 Manager. It is encouraged that the EE Committee and the Skills Development Committee are combined to form one committee.

What to Consult on
The following topics need to be consulted on:

The Analysis:
Establish a workforce profile to determine under-representation of designated employees & Collect information and conduct an analysis of its policies, practices and procedures, to identify barriers affecting designated groups. Refer to results obtained as per Analysis Blueprint.  

The Plan:

The Senior Manager responsible for EE will draft a proposed EE Plan based on the outcome of the analysis. This will be presented to the EE Committee for their input and review and final approvals.

Employment Equity plan must achieve reasonable progress towards Employment Equity over a 3 year period and must include the following:

  1. Objectives to be achieved
  2. Duration
  3. Numerical goals to be achieved
  4. Affirmative Action Measures to be implemented
  5. The timetable for each year of the plan
  6. Procedures for monitoring and evaluation
  7. Dispute resolution procedures
  8. The section 24 manager responsible

The Plan template is prescribed by the Department of Labour and must strictly be adhered to (EEA13).

The Employment Equity Committee Consultations
A standardized/ standing agenda for each of the committee meetings need to be agreed upon (by the committee) and distributed to the EE Committee ahead of the respective meetings. After the committee has been trained as per previous steps, the S24 manager would set the dates for all EE Committee meetings for the year ahead of time- either monthly or quarterly, and will act as the chairperson of these meeting going forward. The committee needs to agree on, and sign, a committee constitution; policy document that details how, when, why the committee meets, and what their roles and responsibilities are.

The S24 Manager (or elected representative) chairs the EE meetings as per the standardized/ standing EE Agenda. After the meeting has been conducted, the minutes – containing suggested action items- are sent to the CEO/ Stakeholder to approve. After approval of action items and assigning accountability for the above, this information gets communicated to the committee members, who are then responsible for disseminating this to the workforce.

The best methods for your committee of giving feedback to your staff and disseminating the information should not only be covered in the EE Training, but availed to the committee in a guide format.

The Report:

The annual EE Reports are submitted electronically to the Department of Labour (DOL) by 15 December (KAP Requirement), but with a submission date of 15 January by the DOL (subject to change).

The responsible manager for EE compiles the Annual EE Report that is presented to the Committees for their input review and approval.

The following are submitted to the DOL to be submitted:

  1. EEA2 Report
  2. EEA4 Report
  3. Proof of submission must be obtained from DOL

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