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Article 14/2026

From the previous articles dealing with employment equity, it is evident that a designated employer should, amongst other things (in no sequence of importance):

  • identify the correct sector within which it operates, so that it can align itself with the sectoral targets
  • ensure that its EEA9 classification is correct
  • choose the right EAP
  • determine whether a person is a suitably qualified person – firstly, same providing a ground for deviation from an employment equity plan and, secondly, same providing a justifiable reasonable ground for non-compliance with targets.

But, how should a designated employer deal with its employment equity targets from 2025 until the end of 2030?

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A 5-year employment equity plan is required, spanning from 1 September 2025 to 31 August 2030 and, in this plan, the following baseline year and measurement years can be identified:

End of 2025

  • this is the baseline year
  • no compliance certificate will be issued if the employer is guilty of unfair discrimination from 1 January 2025
  • the employer sets its own targets and there is the duty to make reasonable progress

End of 2026

  • this is measurement year 1
  • no certificate of compliance is issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the targets without justifiable reason
  • the employer sets own targets and there is a duty to make reasonable progress

End of 2027

  • this is measurement year 2
  • no compliance certificate will be issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the employment equity targets without any justifiable reason
  • the employer sets its own targets and there is a duty to make reasonable progress

End of 2028

  • this is measurement year 3
  • no compliance certificate will be issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the targets without justifiable reason
  • the employer sets its own targets and there is a duty to make reasonable progress

End of 2029

  • this is measurement year 4
  • no compliance certificate is issued if the employer is guilty of unfair discrimination from 1 January 2025, or there is non-achievement with the targets without justifiable reason
  • the employer sets its own targets and there is a duty to make reasonable progress

End of 2030

  • this is measurement year 5
  • compulsory sectoral targets are applicable
  • no compliance certificate will be issued if the employer is found guilty of unfair discrimination from 1 January 2025, or there is non-achievement of these sectoral targets without justifiable reason

The previous article dealt with the distinction between misconduct constituting desertion and misconduct constituting abscondment – see, further, in this regard, Okhahlamba Local Municipality v Mabuya (2021) 32 SALLR 12 (LC).

In this article, what we attempt to do is provide some clarity as to a very different misconduct, namely, the misconduct of deeming desertion.

What is the difference between desertion and abscondment?

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?