Skip to main content

Article 10/2026

What are some of the more important duties of a designated employer, in terms of s19 of the Employment Equity Act (EEA), read together with Regulations 8 and 9 of the General Administrative Regulations (contained in Government Gazette 52515 of 15 April 2025)?

_____________________________________

The duties of a designated employer include an analysis in terms of s19 of the EEA

  • In terms of s19(1) of the EEA, a designated employer must collect information and conduct an analysis of the following: employment policies, practices and procedures and the working environment, to identify employment barriers which adversely affect people from designated groups.
  • In terms of s19(2) of the EEA, an analysis must include a profile of the designated employer’s workforce in each occupational level (i e unskilled, semi-skilled, skilled, middle management, senior management and top management) in order to determine the degree of underrepresentation of people from designated groups in the various occupational levels in the workforce.

General Administrative Regulations

  • Regulation 8(5)(a): when a designated employer conducts an analysis in terms of s19 of the EEA, the employer must refer to EEA8 (Guide on applicable National and Regional EAP).
  • Regulation 8(5)(b): when conducting such analysis in terms of s19 of the EEA, the employer must also refer to EEA9 (the description of occupational levels).
  • In terms of Regulation 9(7), a designated employer must:
    • comply with the numerical targets ito s15A(3) for the economic sector in which it operates
    • refer to the Ministerial Notice issued ito s15A and EEA17 to the Regulations to determine the sector in which it operates
    • if the designated employer operates in more than one sector, it must apply the numerical targets for the sector in which the majority of its employees are engaged
November 9, 2026

Section 187(1)(f) of the LRA reads as follows: ‘A dismissal is automatically unfair if the reason for the dismissal is that the employer unfairly discriminated against the employee, directly or indirectly, on any arbitrary ground, including but not limited to religion, conscience and belief”.

In terms of s187(2)(a) of the LRA, despite the aforesaid s187(1)(f), a dismissal may be fair if the reason for the dismissal is based on the inherent requirements of a particular job.

What approach is to be followed to determine, firstly, whether the reason for the dismissal on the basis of religion, conscience or belief is based upon an inherent requirement of a particular job?

And, secondly, what approach is to be followed to determine whether or not an employer complied with its duty to reasonably accommodate the aforesaid category of employees?

November 2, 2026

In the previous article, we set out the traditional approach to s187(2)(b) of the LRA, covering the scenario where an employee reached the normal or agreed-upon retirement age, but continued to work beyond such age. The constitutional court, in Motor Industry Staff Association and Another v Great South Auto Body CC t/a Great South Panelbeaters (Landman); Solidarity obo Strydom and Others v State Information Technology Agency Soc Ltd (Solidarity) – combinedly referred to as Landman; Solidarity – had the opportunity to scrutinise such traditional approach and delivered three conflicting judgments. So, what approach should role players now employ, seeing that consensus was not reached in the constitutional court?

October 26, 2026

In terms of s187(1)(f) of the LRA, a dismissal is automatically unfair if the reason for the dismissal is that the employer unfairly discriminated against the employee, directly or indirectly, on any arbitrary ground, including, but not limited to, age.

In terms of s187(2)(b) of the LRA, despite s187(1)(f), dismissal, based on age, is fair if the employee has reached the normal or agreed retirement age for persons employed in that capacity.

What is the approach traditionally adopted where an employer permits an employee to work beyond the normal or agreed-upon retirement age and subsequently wishes to terminate the services of the employee, based on age, and wishes to rely on the defence as set out in s187(2)(b)?