Employment Equity – Preparing for a Director-General Review

In the wake of the Department of Labour’s Roadshow on Employment Equity, it is imperative that employers properly comply with the requirements of employment equity and not use a tick box approach to compliance. The Department of Labour has realised that employers have been superficial in their approach and the intensifying Director-General Reviews is aimed at ensuring employers do what they are supposed to and not the bear minimum.

One aspect that the Department of Labour will scrutinise is the consultations with employees. In order to “pass the test” in this regard it is imperative that the consultations are genuine. The best way to illustrate this to the Department is to ensure the following are in order:

  1. The Agendas are to set out fully the topics that will be discussed and debated;
  2. Attendance registers are to set out the constituencies represented;
  3. Detailed minutes, including resolutions taken and action items must be drafted. The minutes are to reflect the discussions held especially in respect of the analysis the workforce profile and the procedures, practices, policies and work environment;
  4. Proof of regular meetings – 4 per year is deemed regular

For assistance in preparing for a Director-General Review or drafting your Employment Equity Plan and Report, contact our Human Resources and Employment Law Division on 041 501 9832 or traceym@goldlaw.co.za