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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
August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?

August 10, 2026

What is the content of traditional consensus to indicate that an agreement exists between an employer and an employee?

If, on the traditional theory of consensus, a party fails to prove an agreement upon which it relies, with reference to Sonap Petroleum SA (Pty) Ltd v Pappadogianis 1992 (3) SA 234 (A), on what basis can a finding be made that quasi-mutual assent exists, founded on the approach that a party is precluded from denying the existence of an agreement based on their own conduct and the circumstances?

What does the three-fold enquiry entail to determine the presence of quasi-mutual assent?

In determining whether an agreement has been reached in the absence of traditional consensus, but on the basis of quasi-mutual assent, what is the extent of the duty on the party wishing to rely on such an agreement to, on the basis of reasonableness, enquire as to the contradictions that exist in the position of the other party so contained in correspondence?

August 3, 2026

Where do delictual claims fit into dispute resolution options applicable to employment disputes?