JUSTIFIABLE REASONS RELEVANT TO YOUR BUSINESS

Merit-based appointments and sound business principles should remain priorities of every business. This forms the basis of NEASA’s approach in assisting employers to implement Employment Equity measures and processes applicable to their organisations.

The Employment Equity Act requires designated employers (employers employing 50 or more employees) to set numerical targets indicating how they intend to achieve equitable workplace representation, in line with unachievable and arbitrary sector targets published by the Minister of Employment and Labour

Failure to meet these targets, without valid and justifiable reasons, may result in non-compliance, Labour Court action, and possible fines.

It is therefore essential that your Employment Equity processes are practical (not compromising proper business principles), properly implemented, and consistently supported by documented evidence.

The following justifiable reasons may be relied upon by employers to support and explain non-compliance with Employment Equity targets:

1. insufficient recruitment opportunities;
2. insufficient promotion opportunities;
3. insufficient suitably qualified individuals from designated groups, including persons with relevant formal qualifications, prior learning, relevant experience, or the capacity to acquire the necessary skills within a reasonable period;
4. the impact of a CCMA award or court order;
5. the transfer of a business;
6. mergers and acquisitions; and
7. the impact of economic conditions on the business.

Contact NEASA on 012 332 5350 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

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