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ABR224

ABR224. Lecture 5 EEA 2011. OUTCOMES. Name the functions of the CEE Discuss the labour inspector’s, the Labour r Courts, and the DG’s roles in the monitoring and enforcement of the EEA In which way are employee's rights protected?

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ABR224

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  1. ABR224 Lecture 5 EEA 2011

  2. OUTCOMES • Name the functions of the CEE • Discuss the labour inspector’s, the Labour r Courts, and the DG’s roles in the monitoring and enforcement of the EEA • In which way are employee's rights protected? • View the EEA2 form as discussed in class. You do not need to be able to complete such for tests or exams.

  3. Commission for Employment Equity • Established in terms of Chapter IV of the Act. • Advisory body who advises the Minister on: • Codes of good practice • Regulations made by the Minister • Policy • Any other matter relating to the Act • CEE may research and report to the Minister.   • Award employers for their achievements in furthering the purposes of the Act. • CEE is required to submit an annual report to the Minister.

  4. Monitoring, enforcement and legal proceedings • Employers, trade unions, labour inspectors, DG and the Labour Court play a role in monitoring and compliance with the Act. • Labour inspectors (s 35-40) • May enter any workplace, question any person and inspect documents, books, etc in an attempt to establish whether the employer is complying with the provisions of the Act. • Request a written undertaking from an employer to comply with certain matters.   • Issue compliance order. 

  5. Compliance orders are issued when a designated employer refuses to give a written undertaking when requested to do so. • Compliance order must contain the name of the employer and the workplaces to which the order applies, the provisions of the Act which have not been met, details of the conduct constituting non-compliance, any written undertaking given by the employer ant its failure to comply with it, steps the employer is required to take within a specified time to comply and the maximum fine that may be imposed for non-compliance. • A copy of the compliance order must be served on the employer, who must display it at the workplace. • Non-compliance / no objection = DG may apply to the Labour Court to have the compliance order made an order of the Court. Klasnotas is onvoldoende vir studie doeleindes.

  6. Objection to a compliance order: • An employer may object to a compliance order by submitting written representations to the DG within 21days after receipt thereof. • DG has 60days to make his decision. He can confirm, vary or cancel any part of the order and specify the period of compliance. • Copy is served on the employer. • Employer must comply with the order or appeal to the Labour Court. • Appeal has to be lodged within 21days and order is suspended until the Labour Court hears the appeal. Klasnotas is onvoldoende vir studie doeleindes.

  7. Director-General (s41-43) • Assessment of compliance: • Has the designated employer made reasonable efforts to implement an equity plan? Factors to take into consideration: • Extent to which suitably qualified people from the designated groups are equitably represented within each occupational category. • Demographic profile of the national and regional economically active population. • Pool of suitably qualified people from designated groups available. • Economic and financial factors. • The number of present and planned vacancies and the employer’s labour turnover. • Review function of the DG • Whether an employer is complying with the Act? • DG can request a copy of the employer’s analysis, equity plan, etc. • Meetings can be held. • Approve, an employers EE plan or make recommendations. • Non compliance of recommendations are referred to the Labour Court.

  8. Labour Court(s49-50) • Exclusive jurisdiction to determine any dispute about interpretation or application of the Act. • Compensation / damages • Fine. • Make a compliance order an order of the Labour Court. • Direct the CCMA to conduct an investigation. • Hear an appeal of the employer. • Make an appropriate order that is just and equitable in the circumstances. • Direct an employer to comply with Chapter III. • May order medical testing of an employee justifiable and may impose conditions related to the testing. • Disputes referred in terms of Chapter II & Review of an employer at CCMA: CCMA proceedings are stayed until LC determines the DG’s referral.

  9. Protection of employee rights • Definition of an employee includes: • Previous employees. • Job applicants. • No person may prevent an employee from exercising any right. • Employee may not be prejudiced for exercising his rights. • Employee may not be favoured for not exercising his rights. • Disputes are referred to CCMA – conciliation / arbitration or LC. • Disclosure of confidential information obtained during the performance of any function in terms of the Act constitutes a criminal offence, unless disclosure is required by law or ito a court order. • All employers who want to contract with the State must comply with the Act. Non-designated employers must get a certificate from the Minister to confirm that they comply with the Act. • Non-compliance may lead to cancellation of current contracts. • Fines for non-compliance varies between R500000 – R900000.

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