The Commission for Conciliation Mediation and Arbitration (CCMA) is geared to deal with the disputes relating to implementation of employment equity (EE) in the workplaces.
“The CCMA is ready and has capacity to deal with disputes relating to EE. Commissioners in the CCMA have been trained well ahead of the implementation of the EE Act,” Department of Labour Director: Employment Equity Directorate, Ntsoaki Mamashela, told more than 1 500 delegates attending the EE Roadshow held at the Sandton Convention Centre today (13 August 2014).
Mamashela told delegates that despite companies having their internal dispute resolution mechanisms in their EE plans, there was nothing preventing an aggrieved employee from going to the CCMA to lodge a complaint. “If Human Resources policies are not clear in regard to resolution of disputes the employees have a right to go to the CCMA”, she said.
She further told delegates the principle of equal pay for work of equal value would apply irrespective of the status of employment (i.e.) whether an employee is full time or hired on contract basis. She said the principle apply to measure the value of work done, rather than the status of employment.
The newly-amended EE Act came into effect on 1 August 2014. The EE Act was first promulgated in 1998. A formal amendment process was initiated in 2010. The Act was introduced in South Africa to address workplace discrimination.
Department of Labour Director: Employment Equity, Niresh Singh told the EE workshop that the pace of implementing the EE plans was moving at a slow pace. Singh cautioned that failure to implement EE in the workplace would result in fines. He said prior to imposition of fines a legal route would be followed so as to enable the department build case studies for future reference.
Meanwhile, the curtain fell today on the Department of Labour national roadshows on EE. The roadshows started on July 15 in Nelspruit, Mpumalanga. The objectives of the roadshows were to: advocate for critical areas in the Employment Equity Amendment Act of 2013, advocating the Amended Employment Equity Regulations of 2014; and the practical demonstration of the EE Online Reporting facility for the 2014 reporting period.
The roadshows were targeted at human resource executives and practitioners; assigned Senior EE Managers/Transformation Managers and EE forum members.
The EE reporting period will open on 1 September 2014 for both manual and online platform. Manual reporting will close on 1 October 2014, and online reporting closes on 15 January 2015. Employers in the department’s database will soon be sent reminder letters on the reporting season.
Media Statement: Department of Labour: 13 August 2014
- 2014 EE Regulations published on 1 August 2014
- Proclamation notice of the effective date of Amended EEA published 25 July 2014