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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
July 20, 2026

Precautionary suspensions

In the public sector, the Senior Management Service Handbook (SMS Handbook) directly addresses precautionary suspensions and the 60-day time limit.

Clause 2.7(2)(c) of the SMS Handbook provides that ‘If a member is suspended or transferred as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.’

Regulation 6 of the Local Government: Disciplinary Regulations Senior Managers, 2010 (Regulations) provides for the precautionary suspension of senior municipal employees and Regulation 6(6)(a) provides: ‘If a senior is suspended, a disciplinary hearing must commence within three months after the date of suspension, failing which the suspension will automatically lapse.’

What are the principles governing a determination of the question as to whether or not a senior municipal employee’s suspension automatically lapses in terms of the aforesaid Regulation 6(6)(a)?

Obviously, the answers to the aforesaid question are very relevant in the private sector where, firstly, a collective agreement regulates a similar process or, alternatively, such contractual rights have been created between the parties, to be enforced in terms of s77(3) of the BCEA.

July 13, 2026

In the previous article, we dealt with the consequences of a plant level collective agreement with a definite beginning and end date. We indicated to you that, in line with s23(2) of the LRA, and an analysis of the relevant case law, that, once such a collective agreement reaches its expiry date, it expires and is no longer of any force or effect. In this article, we deal with the scenario where a plant level collective agreement is concluded for an indefinite period and the employer gave notice to terminate same.

What are the consequences when a party to a plant level collective agreement, concluded for an indefinite time period, gives notice to terminate such collective agreement?

July 6, 2026

In terms of s23(2), a collective agreement binds, for the whole period of the collective agreement, every person so bound in terms of s23(1)(c) (the members of a registered trade union and the employers who are members of a registered employers’ organisation who are a party to the collective agreement, if the collective agreement regulates the terms and conditions of employment, or the conduct of the employers and employees) who was a member at the time it became binding, or who becomes a member after it became binding (irrespective of whether or not that person continues to be a member of such trade union or employers’ organisation for the duration of the collective agreement).

What is the relevant case law development as to a plant level collective agreement that has an expiry date, i e does such collective agreement continue to be of force and effect after such expiry date?