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Article 7/2026

What are some of the important principles contained in Government Gazette 52514 of 15 April 2025 (Gazette 1) dealing with employment equity?

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These important principles can be summarised as follows:

  • in terms of s15A(1) of the Employment Equity Act (EEA), the Minister may identify national economic sectors for the purposes of the EEA, having regard to any relevant code in the Standard Industrial Classification of all Economic Activities, published by Statistics SA
  • item 1 of Gazette 1 identifies the 18 national economic sectors without any identification of sub-sectors – some indication of what should be taken into account in identifying the national economic sectors is to be found in EEA17
  • in terms of s15A(2) of the EEA, the purpose of sectoral numerical targets is to ensure equitable representation of suitably qualified people from designated groups at all occupational levels in the workplace – this provision has been incorporated into item 2 of Gazette 1
  • in respect of the implementation of affirmative action, item 3 deals with the following important issues:
    • 5-year sectoral numerical targets for the various population groups and gender from top management, senior management, professionally qualified, middle-management and skilled and technical is provided, as well as employees with disabilities – these targets are not intended to add up to 100%, as such targets exclude white males with no disabilities and foreign nationals (non-designated persons)
    • the manner in which designated employers must take targets into account in applying affirmative action is defined with reference to the EEA, the General Administrative EE Regulations (General Administrative Regulations) and the Codes of Good Practice issued ito the EEA
    • a designated employer will not incur penalties or any form of disadvantage if, in the assessment of compliance of affirmative action, it shows that there are reasonable grounds for non-compliance with the EE targets
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?