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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
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?