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The EE Act 55 of 1998 requires designated employers to submit an EE Plan. This plan is intended to outline progression towards bringing about equity in the workplace. Included in this plan is a section that indicates the representation of designated groups (black, coloured, indian and white employees) at all occupational levels. But in order to do this employers are required to make use of the relevant demographics of the country.
The problem of course is (1) where do we find the most up to date demographics and (2) which demographics do we use - regional or National?
In a recent case involving solidarity and others versus the department of correctional services and others the employees (from the western cape) argued they were being unfairly discriminated against when National Demographics were used. The employer argued that it was a national department and therefore had to use National demographics. The labour court however argues that the EE Act and the constitution required affirmative action that provided substantive equality. In doing so it referred to the EE Act that refers to both National and regional demographics. In doing so it stated that both must be taken into consideration when completing EE plans. It was therefor ruled that the employees had in fact been unfairly discriminated against.
last week a second case was heard on the same issue and unfortunately I have not as yet heard the outcome?
How do you approach this issue. What demographics do you use? Where do you source your information on demographics - particularly regional demographics?
