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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

What are the principles governing common purpose misconduct?

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.