Jan 27, 2016 the plan was also ruled to be in violation of the equality clause in section 92 of the constitution. The department of labour also published a user guide to the employment equity act, detailing 10 steps to preparing and implementing an employment equity plan. Sep 18, 2017 in terms of the interdict the sapss new employment equity plan, which would apply to the period from 2015 to 2019, has been suspended until the constitutional court gives judgment in the matter between the department of correctional services dcs and solidarity. Amended by employment equity amendment act 47 of 20 from 1 aug 2014. Amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. The interdict prohibits the saps from carrying on with its unfair racial practices. The purpose of this framework is to ensure that recruitment and selection is done in a fair, efficient, effective, transparent and equitable manner, 4. Employment equity plan south african qualifications. The employment equity amendment bill, 2018 werksmans. Consultation with stakeholders and obtaining organisational buyin 3 4. In this regard, the bill introduces section 202a to ensure that the numerical goals set by the designated employer in its employment equity plan complies with any. The 20162017 app represents the saps s third annual plan within a cycle of five annual plans. Your guide to labour law in south africa labour guide. In 1995, the saps was given a constitutional mandate to protect the citizens of south africa, uphold and enforce the law and maintain public order.
Planning, job descriptions, employment equity and labour relationsupdate leave files and saps 26 register and monitor planned leave prepare and assist with z8 register file all documents on the relevant files type letters assist with messenger duties. Diversity and transformation in the south african police service introduction clearly, the force has to be transformed from being an instrument of white domination, and regarded as such, into a protector of the peace and security of all south africans, accepted as such. Purpose of this form section 20 requires designated employers to prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in the employers workforce. Public servants association on behalf of karriem v sa police. South african police service v solidarity obo barnard cct 01. Sapss employment equity plan unconstitutional hr pulse. Employment law update dual claims under the employment. Employment equity plan notice is hereby given under section 54 2 of the employment equity act no. Saps official is to ensure the safety of the citizens and inhabitants of this republic this is a sacrosanct in the execution of the mandate of the south african police service, which requires patriotic and selfless service, commitment, courage, integrity, honour, and an execution to our call of duty with zeal and. Advising on department of labour employment equity queries. The labour court in johannesburg granted an urgent application by solidarity to temporarily suspend the south african police services new employment equity plan. Captain barnard had accepted that it was a valid and lawful plan that met the requirements of the three pronged test described above. The role of the committee is to drive employment equity in in the workplace by ensuring the organisations employment equity plan is drafted and effectively implemented and aligned with the organisations strategic business objectives. An employment equity plan must state a the objectives to be achieved for each year of the plan b the affirmative action measures.
Apr 02, 2019 it held that the national commissioners decision was not a fair and appropriate method of implementing sapss employment equity plan and that saps had not given sufficient reasons for the national commissioners decision thus did not discharge its onus to establish that the decision was rational and fair. Nov 28, 20 whereas the focus of employment equity is on black people, women and persons with disabilities, no employment policy or practice will be established as an absolute barrier to prospective or continued employment or advancement of persons not from designated groups. Therefore, the sca misunderstood the issues before it and the law. It held that the national commissioners decision was not a fair and appropriate method of implementing sapss employment equity plan and. It also violated the equality clause in section 92 of the constitution, notes a report in the citizen.
The johannesburg labour court has ruled the saps employment equity plan is unlawful. The south african police service employment equity plan saps plan for the period 2010 2014 consisted of numerical targets in each of the four categories of personnel. The court was satisfied that saps was actively working towards and achieving its employment equity goals. This meant that its application by the saps if correctly done could not be unfair. The employment equity act, 1998, which applies to the public service as of 1 december 1999, prescribes the drawing up of employment equity plans, which must include numerical goals to achieve equitable representation of suitably qualified employees from disadvantaged groups. Increasingly we see companies being audited with strict fines of a minimum of r1. The employment equity amendment bill, 2018 bill amends specific provisions of the employment equity act 55 of 1998 eea. The unfair affirmative action practices of the saps will be nipped in the bud by todays ruling. In terms of the settlement, the saps conceded that its current employment equity plan has to be amended following the recent constitutional court ruling in the trade unions case against the department of correctional.
Employers must analyse all employment policies, practices and procedures, and prepare a profile of their workforce in order to identify any problems relating to employment equity. South african police service south african police service. Preparation of ee plan in compliance with section 20 of the act and its regulations. No longer can we have a racial caste in command of the force. Afrocentric health limited has developed a new employment equity plan with a view to enhancing workplace diversity and aligning to the transformation objectives of the afrocentric health group.
The saps plan set out two types of targets for each racial and gender category, namely ideal and realistic percentages of the workforce. It sets numerical norms by reference to which staff appointments and promotions should be made within the police service. Solidarity deputy general secretary johan kruger said the ruling would prevent the saps from discriminating unfairly against any employee and he commented further. We approach employment equity primarily from a workforce readiness approach taking into account the urgent need to bring about transformation through the implementation of progressive affirmative action measures, motivated less by the threat of penalties or written undertakings than the requirement to develop the skills and competencies necessary for. The implementation and execution of measures of employment equity and affirmative action, as contained in the ee plan of the department, is the responsibility of each senior manager in. The intention of the act is to achieve equity in the workplace by inter alia promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and the implementation of affirmative action measures. The implementation and execution of measures of employment equity and affirmative action, as contained in the ee plan of the department, is the responsibility of each senior manager in his or her. Jan 27, 2016 the johannesburg labour court has ruled the saps employment equity plan is unlawful.
Our consultants have many years of experience with legislative requirements. An african male was appointed instead, despite his scoring less than the applicant. By jacques van wyk, director and yusha davidson, candidate attorney. South african police service v solidarity obo barnard cct. In simmadari v absa bank ltd 2018 7 bllr 710 lc, the applicant referred two claims to the labour court an unfair discrimination claim in terms of the employment equity act 55 of 1998 eea, and an automatically unfair dismissal claim in terms of the labour relations act 66 of 1995 lra. It is the responsibility of the commission to monitor compliance. The national selection panel refused to recommend her promotion on the ground that doing so would be in conflict with the targets for race representation set out in the saps equity plan these targets were formulated on.
Court declares sapss employment equity plan unconstitutional. As much as certain organisations may adopt a fit the bill approach and just want to recruit to meet. List of abbreviationsacronyms actt anticorruption task team agsa auditorgeneral of south africa anc african national congress aop annual operational plan atm automatic teller machine au african union brv bulletresistant vest cas crime administration system cctv. The bill links the introduction of section 15a to section 20 of the eea, which provides for the preparation and implementation of a designated employers employment equity plan.
Todays judgment by the labour court is a huge victory for solidarity, and the knowledge that the courts are not tolerating the unfair. Whereas the focus of employment equity is on black people, women and persons with disabilities, no employment policy or practice will be established as an absolute barrier to prospective or continued employment or advancement of persons not from designated groups. The employment equity plan will run for a 2 year period commencing from 1 october 2017 until 30 september 2019. Saps recruitment plan for 20 free pdf file sharing. Advocates for transformation has welcomed the constitutional courts decision to uphold the saps employment equity plan. South african police service v solidarity obo barnard pdf, today the constitutional court handed down judgment in an application for leave to appeal against a judgment of the supreme court of appeal. Saps group most susceptible to suicide are between 30 34 years old with 30 claims from polmed report. Preparation, implementation and monitoring of employment equity plans and all other relevant codes may also be used for guidance in preparing the plan. For the saps the equity plan served the purpose of eliminating unfair discrimination, promoted constitutional equality and economic development and achieving a diverse workforce that was representative of the population.
Kommal and another v south african police service and others. Despite the judgment the saps continued with its new plan based on the very same unconstitutional principles. In terms of the interdict the sapss new employment equity plan, which would apply to the period from 2015 to 2019, has been suspended until the constitutional court gives judgment in the matter between the department of. Kruger said the judgment on the sapss employment equity plan have a bearing on another twelve court cases of unfair discrimination solidarity has been contesting against the saps since 2005. On 26 january 2016 the labour court ruled that saps s previous employment equity plan was invalid and unconstitutional. This is a bitter pill for a process which is easy to implement with the right help. Saps plans progress in racial employment equity but gender disparity remains the south african police service saps released statistics to the south african history archives in august of this year which relate to its planned progress in achieving racial and gender equality in terms of their human resources between 2009 and 2014. Saps employment equity plan unconstitutional the citizen.
It is derived from provinces and reported through saps ehw. South african police service annual report 20172018 iii part a. Sep 08, 2014 2 employment alert 8 september 2014 a host of amendments to the employment equity act, no 55 of 1998 eea came into operation on 1 august 2014. South african police service v solidarity obo barnard pdf.
Implementing employment equity in your work place step 4 establishing and sustaining an employment equity plan september 2012 page 3 of 37 introduction step 4 is for organizations that have completedan employment equity plan it provides. In terms of the interdict the sapss new employment equity plan, which would apply to the period from 2015 to 2019, has been suspended until the constitutional court gives judgment in the matter between the. Divisional comissioner, mentioned that the saps was transforming itself according to the employment equity act. There is a slight decrease in the suicide cases within the 3 year period. Every employer should be in possession of at least these two documents the code of good practice and the user guide. Employers must prepare and implement an employment equity plan, setting out the affirmative action measures they intend taking to achieve the employment equity goals. Employment equity act, act 55 of 1998as amended, and understands that the primary purpose of the legislation is to advance transformation through the setting of time specific targets for achieving equity in all the levels of management. In terms of the interdict the sapss new employment equity plan, which would apply to the period from 2015 to 2019, has been suspended until the constitutional court gives judgment in the matter between the department of correctional services dcs and solidarity. Among the amendments, are the amendments made to s21 of the eea. Solidarity and the south african police service saps on friday reached a historic settlement that directly affect the promotion of more than 3 000 saps members.
Saps employment equity plan ruled unlawful legalbrief. Suicide trends are for the whole saps establishment. Corporate design further information on the 20142019 strategic plan for the south african police service can be obtained from. Kommal and another v south african police service and. Saps plans progress in racial employment equity but gender.
Kruger said the judgment on the saps employment equity plan have a bearing on another 12 court cases of unfair discrimination it had been contesting against the saps since 2005. The saps s annual performance plan app is informed by the strategic direction of government, as reflected in the ndp and the fiveyear mtsf. Employment equity plans and reporting hrtorque outsourcing. The applicant, an indian woman, applied for a senior post in the south african police service saps. We approach employment equity primarily from a workforce readiness approach taking into account the urgent need to bring about transformation through the implementation of progressive affirmative action measures, motivated less by the threat of penalties or written undertakings than the requirement to develop the skills and competencies. Jan 26, 2016 kruger said the judgment on the sapss employment equity plan have a bearing on another twelve court cases of unfair discrimination solidarity has been contesting against the saps since 2005.
In terms of the settlement, the saps conceded that its current employment equity plan has to be amended following the recent constitutional court ruling in the trade unions case against the department of correctional services dcs. Amended by intelligence services act 65 of 2002 from 20 feb 2003. Trade union solidarity reports that the johannesburg labour court on tuesday ruled in its favour that the employment equity plan of the sa police service saps was unlawful. Section 21 is concerned with the report detailing the employment equity plan and progress made in implementing the plan. Strategy, research, monitoring and evaluation head office private bag x94 pretoria, 0001 tel. The court ruled that the plan amounted to a quota system and therefore contravened the employment equity act. The purpose of the bill is to provide for the minister of labour to establish sectoral numerical targets to ensure the equitable representation of suitably qualified people from. The transformation of the south african police service saps by the countrys first democratically elected government started over a decade ago, in 1994. Employment equity plan 44 during 2001 the police service adopted an employment equity plan as a collective agreement under the bargaining council which binds police service employees.
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