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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)?

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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
October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?