South africa has patterned its employment equity act and a part of the constitution act, such as section 9 2 of the bill of rights in its constitution of 1996 after canada and passed the broad. This is a crucial bill that seeks to strengthen the employment equity act and support the nations efforts to eradicate the legacies of apartheid discrimination, and inequality in the workplace. Chapter two of the employment equity act eea deals with unfair discrimination and has a significant impact on the nature and extent of recruitment and selection from a statutory point of view. Jul 21, 2016 the dvd comes supplied with facilitator guides and support, is completely south african in context, and contains acted scenes typical to sa business challenges. Specifically, it specified in section 8 that psychometric tests and related techniques need to have certain properties before they can be used legally to assess persons for jobs. Home legal advocacy international disability rights international laws south africa employment equity act. Summary of the employment equity act, 55 of 1998, issued.
The south african police service was admitted as the second amicus curiae. South african human rights commission means the south african human. The current article focuses on the implications for psychological assessment of this change. Legislation online south african government information, south africa pdf doc. In the south african context, apartheid provides both a justification for the employment equity act6 and its implementation. A designated employer is an employer who employs 50 or more employees, or an employer who employs fewer than 50 employees, but has a total annual turnover that is equal to or above the threshold as listed below. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Official site with labour legislation, policy documents, and news. Development approaches and legislative requirements 61 chapter 3. This highlights the seriousness with which the department of labour dol takes noncompliance with the provisions of the act and shows that they will not hesitate to bring the maximum penalty applicable against defaulters. South africa is one of the most culturally, racially and economically diverse countries in the world. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational categories and levels in the workforce. Employment equity act psychological assessment in south africa.
While there is some research on the challenges of implementing the eea legislation in universities, there is a paucity. The new constitution of south africa guaranteed everyone. Aside from being used in research and practice to assess personality, it is also amongst the most commonly used instruments to operationalise the ffm of. List four of the most common types of norm scores found in. Constitutional court of south africa case cct 7815. All employers must comply with the employment equity act, but designated employers who meet the minimum requirements have additional obligations the goal of the employment equity act. Legal aspects in recruitment and selection johanette rheeder. Pdf an assessment of employment equity and broad based. This is the current version and applies as from 1 august 2014, i. We will guide you through the process and make sure that employment equity in your organisation meets the requirements of the act, and supports the growth and success of your business. The neopir is a widely used test both in assessment and research locally and internationally. The employment equity act 55 of 1998 the act was enacted to give effect to equality in terms of section 92 of the bill of rights in the constitution of the republic of south africa act 108 of 1996.
Title polygraphs and the test of fairness description the probative value of polygraph testing is discussed as well as a discussion through case law regarding the great controversy in respect of polygraph testing lies in the different views of experts about the accuracy of the test. Dissertation submitted in fulfilment of the requirements. The employment equity act 2019 lwo employers organisation. Employment equity video promo south africa youtube. Employment equity regulations, 2014 employment equity act 55 of 1998 gazette no. Employment equity act in this policy document, this term refers to the employment equity act, no.
The cultural appropriateness of psychological tests and their usage were placed in the spotlight with the promulgation of the new employment equity act 55 of 1998, section 8 government. Employers can also volunteer to become designated employers. The employment equity act aims to eliminate unfair discrimination in the workplace by promoting equal opportunities and fair treatment. Commencement of the employment equity amendment act, 20. National credit act 34 of 2005 south african government. The labour relations act 1995 also regulated the issue of fairness, not only in termination but during employment, too. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Requirements for employment equity reporting rsm south. Psychometric testing of an employee is prohibited unless the test. Employment equity in the workplace ccma info sheet.
To redress the aftereffects of racial discrimination in the workplace, the employment equity act eea of 1998 was established. In 1998, however, most of the law on unfair labour practices was removed from the labour relations act 1995 and put into the employment equity act eea. Psychometrics practice questions psychological assessment. Employment equity act psychological assessment in south. The employment equity act protects you, and your rights. Now, in 2005, the south african business sector faces challenges in terms of psychological test use, adaptation and development. Provides for protection against employment discrimination and for affirmative action. Employment equity and diversity management in south africa.
Republic of south africa employment equity bill as introduced in the national assembly minister of labour. The president may determine different dates in respect of different provisions of this act. Employment equity act summary western cape government. No part of this manual may be reproduced, stored in a retrieval system, or transmitted in any form or by any means. The employment equity act eea, no 55, of 1998 was promulgated as a response by the democratic south african government to its apartheid predecessor and other discriminatory laws and practices which had created disparities in employment, occupation and income. See act for various commencement dates government notice r595 in government gazette 37873 dated 1 august 2014. All employers, workers and job applicants except for members of the national defence force, national intelligence agency and south african secret service. Polygraphs and the test of fairness pdf labour smart. The eea is the same as the lra and covers everyone except the south african national defence force sandf, the national intelligence agency nia and secret services. The employment equity act 55 of 1998, as amended the act constitutes one of the key legislative and policy interventions within the ethos of south africas new constitution to give effect to the provisions relating to removal of policies and practices which result in inequalities in the country. The relationship between employment equity perceptions and. Affirmative action provisions apply to employers who employ 50 or more staff members or whose annual turnover is more than that set down in schedule 4 of the act the figures vary according. Eea 3 summary of the employment equity act 55 of 1998.
South african history, specifically the principle of. President may determine different dates in respect of different provisions of this act. Summary of the employment equity act, 55 of 1998, issued in terms of. Summary of the employment equity act, 55 of 1998, issued in. The dvd comes supplied with facilitator guides and support, is completely south african in context, and contains acted scenes typical to sa business challenges. The applicant based his claim on the equity act because it was passed to give effect to the constitutional right to. South africa employment equity act disability rights. Purpose of this act the purpose of this act is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Constitution means the constitution of the republic of south africa, 1996 act no. Replacement of employment equity regulations 360 kb pdf.
Chapter 1 definitions, purpose, interpretation and application 1. Documents regulating tests in south africa psytech. Psychological testing and similar assessments are prohibited, unless the test is. The south african government has sought to redress the historical legacy of workplace discrimination by introducing the employment equity act 1998, which was largely modeled on the canadian. Dissertation submitted in fulfilment of the requirements for. Amended by employment equity amendment act 47 of 20 from 1 aug 2014 amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. Pdf the employment equity act eea as an instrument for. Code of good practice on preparation, implementation and monitoring of employment equity plan no. Background 4 an employment equity plan is a plan provided for in section 201 of the ee act which an employer prepares, adopts and implements in order to achieve. Avoid discrimination during recruitment and selection. Jun 03, 20 in this live grade 12 business studies show we take a close look at legislation about employment. Republic of south africa on the commencement date of the constitution of the republic of south africa act of 1993, but who would have been entitled to acquire citizenship by naturalisation before that date had the apartheid policy not been in place.
Describe how the following has impacted on psychological test use and development in south africa. Recruitment generally entails a process undertaken by a prospective employer, or a recruitment agent who acts on behalf of the prospective employer to attract or invite a candidate to apply for a position, to screen, select, test e. Heres what happens if south african employees test. Be it enacted by the state president and the parliament of the republic of south africa, as follows. Louw said that medical testing of employees remains regulated by section 7 of the employment equity act eea. Application of the employment equity act and diversity in the. The employment equity act 55 of 1998 the act was enacted to give effect to equality in terms of. According to the employment equity act, all designated employers are obliged to annually submit an employment equity report. Employment equity act 55 of 1998 of south africa and psychometric testing in the sandf. The wald test was nonsignificant, suggesting that the relationship between employment equity perceptions and psychological ownership did not vary across either the white or black groups, therefore disconfirming the hypothesis that ethnicity moderates the relationship between employment equity perceptions and psychological ownership.
We are very grateful to the two amici for the contribution they made to the debate. In this lesson we discuss the employment equity act eea. Evidence reveals that black economic empowerment in south africa is being constrained by corruption, fraud, mismanagement, poor accountability, lack of monitoring and evaluation, difficulties in. Practitioners are faced with a range of ethical and legal issues in psychological assessment bartram, 2004. Employment equity amendments as gazetted on 8th of august 2019. The neopir is a widely used test both in assessment and research. Eea 3 summary of the employment equity act 55 of 1998 description eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 251 category lra forms sub category department of labour document type forms filename 3. Legal aspects in recruitment and selection johanette. The employment equity act eeaaims at creating an environment of equality and nondiscrimination in the workplace. As the third quarter of 2019 comes to a close, the department of labour has thrown another curveball at designated employers within the employment equity.
Republic of south africa employment equity amendment bill as introduced by the minister of labour national assembly. A designated group means black people, women, or people with disabilities. South african companies employing 50 or more employees or those with a specified financial turnover, are required to comply with the provisions of the newly introduced employment equity act. Section 2 the purpose of the act is to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the eliminatio. Mar 24, 2019 the meaning of discrimination is important to all who live in south africa, particularly considering the countrys historical and political context, says dr. The meaning of unfair discrimination in south africa. To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the employment equity act, no 55 of 1998 was enacted into law.
The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational. Employment equity services employment equity consultants. The employment equity act as originally passed, placed limitations on the use of psychometric testing in occupational settings in south africa. Eea1 an employee declaration of nationality, race and gender as per section 19 of the employment equity act 1998 act 55 of 1998, placing the onus of proof on the employee rather than the employer. The act s explanatory memorandum opens with a proclamation of the legacy of inequality left by apartheid. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. S 1, 4 amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. Constitution means the constitution of the republic of south africa, 1996. Section 1 of the employment equity act, 1998 hereinafter referred to as the. An assessment of employment equity and broad based black economic empowerment developments in south africa.
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