Employment Equity

Employment Equity
EMPLOYMENT EQUITY
Contents
PAGE
EXECUTIVE SUMMARY 2
INTRODUCTION2
WHAT IS EMPLOYMENT EQUITY3
HOW DOES IT WORK3 – 4
WHAT IS AFFIRMATIVE ACTION5
IMPLEMENATION OF AFFIRMITIVE
& EMPLOYMENT EQUITY6 – 7
OBSTACLES & CHALLENGES7
ACKNOWLEDGEMENTS 8
CONCLUSION8
BIBLIOGRAPHY9
EXECUTIVE SUMMARY
This assignment deals with the Employment Equity Act of 19 October 1998. It covers the workings of the act in terms of equity and affirmative action
and how it was implemented in Defy Appliances Ltd in 1999. It also covers some of the obstacles and challenges that were experienced by the
company; as well as its success in other companies in South Africa...show more content...
Inspectors may inspect businesses and obtain undertakings from employers to comply with their duties in terms of the Act. Failing that, they may issue
compliance orders, to which or against which an employer may object or appeal. Any party assessing compliance with the Act has discretion to consider
a variety of factors amounting to whether the employer has made reasonable attempts, in his/her particular circumstances, to comply. The

Director–General may conduct a review of whether an employer has complied with the Act and followed it with recommendations on methods of
compliance. If that fails, the Director–General may refer the matter to the Labour Court, which is the ultimate Court which may enforce the provisions
of the Act. Chapter II of the Act came into operation during 1998. Since the passing of the Act, the President, in terms of Section 65, determined that
Chapter III and Sections 35 to 46, 58 and 65, and Schedules 1 and 4 would come into operation on 1 December 1999.
WHAT IS AFFIRMATIVE ACTION
Section 15(1) of the Labour Relations Act defines 'affirmative action measures' as 'measures designed to ensure that suitably qualified people from
designated groups have equal employment opportunities and are equitably represented in all occupational categories and levels in the workplace of a
designated employer' (Section 15(1)). In short, affirmative
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Employment Law Essay
In order to discuss and analyse the above statement, in depth reference will be made to various documents which can in some circumstances relate to
contracts of employment and whether those particular documents which are not contractual can be incorporated into a contract, creating legal
enforceability for employers and employees. Firstly it must be established what exactly is a contract of employment.
A contract of employment is an agreement between an employer and employee, forming the basis of an employment relationship; enforceable by law.
Contracts of employment may be given orally or in writing: Employment Rights Act 1996 s 230(2) and commence immediately. Actual written
contracts require an employee's signature and the signature of...show more content...
The case of Gascol Conversions v Mercer demonstrates an instance whereby the statutory particulars were held to be the contract, as the statement of
the written terms had been sent to the employee who had signed them and a receipt. In other words he was agreeing that the document accurately
represented the terms of the employment, he had signed what he acknowledged to be a written contract. Clearly demonstrating that a document that is
not itself contractual can be incorporated into a contract, it is thus possible for what would normally be a section 1 statement to be transformed into a
formal written contract by the parties signing it . Later cases showed a somewhat opposing view
System Floors (U.K.) Ltd. v. Daniel
[1982] I.C.R. 54, noted (1982) I.L.J. 118. Employment Appeal Tribunal.
This was not really a contractual term at all, but a factual statement, probably inappropriate for inclusion in a contract.
When starting employment, employees will often be provided with a substantial amount of documents, these may be in the form of works rules,
company/employment handbooks and policies. Documents like these could if proven, have some contractual effect by way of express or implied
incorporation or custom

Essay on Employment and Labor Laws
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules
and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child
labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is
to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by
the employer. The case of Mckee verses Reids Heritage Homes is a good illustration on the issues related to employment law. McKee was a 64 year old
sales manager in...show more content...
The main issue was whether McKee was an employee thus entitled to damages for wrongful dismissal or an independent contractor. The court held
that McKee was an employee of Reirds Heritage Homes and not an independent contractor. The judge was concerned with the degree of the
relationship between an employer and an employee. The main area of duties for Reids Heritage Homes was to sell houses and McKee totally
engaged herself in this. Therefore, the Court concluded that McKee was an employee of Reirds Heritage Homes and was entitled to notice of
employment termination and damages thereof. In relation to labor laws, the case explains the required conduct between the employer and the
employee during work termination. The employer is required by law to provide the employee with a letter or notice of termination before the actual
date. Keating (p. 258) states that the labor laws require the employer to pay the employee the employment benefits based on the number of years of
service and the kind of work. In many cases benefits are awarded to employees under both casual and permanent basis. The employer should ensure
that the employers are awarded their rightful amounts since it is much left at the discretion of the employer. Therefore, McKee was entitled to a notice
of termination and service or employment benefits. The labor laws require that the employer provides incentives,

Essay On Employment
Despite the fact that there are several Federal, State, and Local laws regarding hiring or firing somebody from a business, I truly believe that without
the required interference from the government in this matter, business owners would not only take advantage from their employees, but they will also
be able to incur in many violations of their employees' rights.
Furthermore, according to the U.S Equal Employment Opportunity Commission, "Discriminatory treatment based on: race, color, sex, religion, national
origin, age, disability, genetic information, or the employee's opposition job discrimination or participation in an investigation or complaint proceeding,
violates federal laws and has become an increasingly problematic source of...show more content...
Therefore, the real question in this matter is how could the government enhance its interference with business in order to ensure the image of our
society? Rather than asking why should we let the government interfere with the decisions taken by an employer since it is more than clear that
without letting the government stands in the business owner's decisions, this country would definitely not be what it is or stands for nowadays.
Additionally, if we take a look at some of the third world countries, which are still in the process of an economic development, we find that due to the
lack of proper government interference, there are still having several impediments that could help them substantially in order to achieve greater
employment opportunities for each and every of their citizens such as, for example; the lack of women's economic opportunities in the Middle East, as
well as the barriers and restrictions that women encounter on gender–based job in Asia, in which are frequently confining them to low–paying
activities, more often than not in the informal sector (Gonzalez, 2015). As a result, due to the improper interference of their governments in the subject
matter, certainly, a nation's success is left behind and will eventually lack proper growth.
Nonetheless, in the process of firing employees, I absolutely agree that thanks to the government's regulations and its intervention, a business

Employment Discrimination Essay example
Employment Discrimination
Discrimination is a very hard barrier to break. To discriminate means to "distinguish between one another; to make a difference in treatment or favor on
the basis other then individual merit." Everyone at some point in their life experiences some form of discrimination that might be on the basis of their
race, religion, age, or sex. Discrimination can be examined from many different angles. Because of this, I have decided to discuss one type of
discrimination, which is employment discrimination. Throughout this paper I will attempt to answer several questions. Such questions are what is
employment discrimination and whom does it effect? What could one do if find that they are a victim of discrimination?...show more content...
Another example of this would be if the employer withheld an employee from achieving a promotion because of their age, sex, race, or whatever
the case may be. Most cases of employment discrimination follow the sly and tricky form of unfair treatment. (The 2nd form). The law prohibits
any discrimination against any person who is applying for a job and or any employee who is currently working for a company. Title V11 of the
Civil Rights act of 1964 fights against employment discrimination. Title V11 doesn't allow for employment decisions to be made on the basis of
stereotypes and or the assumptions about a person's abilities, performance and traits because of their race, age, sex, religion, etc. It also puts a stop to
intentional discrimination and certain job polices that may exclude certain groups of people from achieving different positions that may otherwise be
eligible to other groups. The question now one should ask is, "How does one prove discrimination?" To prove that discrimination has happened one
must have a job where their job performance meets satisfactory standards. If one has a satisfactory performance and is fired or mistreated then it is
believed that these actions occurred because of reasons other then job related.
In a case in which a new employee (one who may still be on probation) is terminated may have a hard time trying to prove his/her termination was on
the basis of discrimination because he/she doesn't have an

Essay about Equal Employment Opportunity
Introduction
Equal employment opportunity (EEO) began when President Franklin D. Roosevelt issued Executive Order 8802 in 1941. Executive Order 8802
ensured that every American citizen was guaranteed equal employment opportunities in World War II defense contracts, regardless of race, creed,
color, or national origin. Today, the EEO legislation has affected businesses. The topics discussed will be, how the organization, as well as the
individual employee, has rights, the effect it has on the customers, how it can improve an organization's public relations, how it can diversify the
workforce, and the effect it has on Human Resources Management of an organization.
Organization and Employee Rights
A. Equal Pay Act of 1963 "To...show more content...
With this act, employers are further protected from discrimination. Employees are allowed to sue employers to enforce the provisions of the act.
Effects on Customers Equal employment opportunity affects the customers in various ways. If the employees working are satisfied and happy, the
customer will see it when the employees help them. For example, a customer walks into Burger King to get something to eat, but the cashier is
unhappy that a coworker is getting paid more than him for doing the same job and having the same time in the workforce, so the cashier takes it out
on the customer. The customer will probably never return to the business again. If the employees work in a happy environment, they will provide better
services.
Improvement of Public Relations By applying EEO to an organization, the public relations will improve. In society, one of the main jobs is to keep
good appearances. An organization wants to promote that everything in their company works perfectly and equally. By maintaining good appearances,
the organization has a greater probability that other organizations will want to work with them. Also, it will attract the best workers because they will
want to work for an organization that is fair.

Employee Relations Essay
Employee Relations
Dr. Harold Griffin
HSA 530: Health Services Human Resource Management
February 23, 2012
Introduction Employee Relations involves the body of work concerned with maintaining employer–employee relationships that contribute to
satisfactory productivity, motivation, and morale (Hopkins & Hampton, 1995). Essentially, employee relations is concerned with preventing and
resolving problems involving individuals which arise out of or affect work situations. This paper will develop a strategy specific to my organization for
integrating job performance & training, discuss the most significant performance management challenges the organization I have researched has
faced, outline basics of a performance management...show more content...
A further challenge is to ensure feedback flows in both directions. Managers require timely feedback to monitor organizational results. Employees
require feedback to validate, or to improve individual performance. Leadership training could be one of the major challenges in a performance
management. Leadership training objectives include topics such as how to be fair and objective, what types of employee behavioral issues can be
addressed effectively during a performance appraisal and how to help employees establish realistic and attainable goals for the next evaluation period.
Outline The Basics Of A Performance Management Initiative That Would Significantly Improve Employee Performance Across The Organization As
Well As Encourage Employee Retention According to Flynn, Mathis, & Jackson (2007), retention of employees have becoming a growing
concern of many healthcare providers. "Every healthcare worker who is retained means one less worker to have to recruit, select, and train" (Flynn,
Mathis, & Jackson, 2007, pg.140). The fundamental goal of performance management is to promote and improve employee effectiveness. It is a
continuous process where managers and employees work together to plan, monitor and review an employee's work objectives or goals and his or her
overall contribution to the organization. The establishment of an effective performance management system requires time and resources and therefore,
the support of the

Essay On Applying For A Job
So you have decided to apply for a job; well, it's time to write your resume. It may seem like a lot of hard work and time but once you've got your
mindset and know your own capabilities writing a resume will be a breeze. The resume helps the employer understand what you have accomplished
so far and why you should be hired for the position you applied for. A resume should consist of where you had volunteered or played a sport, what
transferable skills you could deliver to the workplace and why you think you should be hired. Volunteering and extracurricular activities are what makes
an employer think that you're an active person in society and in a workplace. Acquiring volunteer and extracurricular experience will make you stand
out...show more content...
Careers are constantly changing within the job market which means applicants have to constantly develop new skills to meet the requirements of
that job. Transferable skills are essential in anchoring your next career however, you should also consider whether your skills are compatible with
the career you have in mind. Employers always make sure that they hire the correct person for the position they have open. You have to make sure
that you actually want this job, it's suited to your skills and that you will perform well in the given workspace. Always include why you think the
you're the right candidate for the job; be confident enough to state your opinion to your employer. Allowing the employer to see how confident
your desire is for this position will make them see how well you will work; they'll want a person that can work comfortably in that job. Always
mention what you could bring to the workplace; how you could be an asset. Again, mention how your transferable skills can be put to use to benefit
the company that you have applied to work for. Showing the employer how much they could benefit by hiring you is what will make you a more
desirable choice compared to your competitors, this is your opportunity to show what you're capable of. Always have the confidence to state why you
think you deserve this job and what you have to offer. The job market is a competitive place, volunteering

Essay On Employment
employee to attend a meeting again with myself and this time my colleague, we provided her with a rape alarm which she could use in the case of
anyone getting too close to her or if she was to feel in any kind of danger. We also told her that we will ensure she is roterd on to work with a care
worker on a two care worker visit if she agreed. She was pleased to hear this although we now had the views of other care workers to consider. After a
week of the new employee working with other care workers we had reports of her still not working as a team and now reports of her using fowl
language and watching television when she was meant to be supporting individuals. At this time I also had a relative of a service call me and report
that he has...show more content...
8. Performance indicators help to outline and gage progress towards targets set out by a company, this can include quality of staff, continuity of
care, and the effectiveness and quality of our service. On a regular basis we send out questionnaires to all service users which cover the topics of the
CQC key lines of enquiry. These being are we safe? Are we effective? Are we caring? Ae we responsive? And are we well
–led? This enables us to
monitor the quality of the service provision and we can use the data from the questionnaires to constantly find ways of improving the service we
provide. We also have similar questionnaires for staff members to complete again covering the CQC key lines of enquiry, these are retained and
then can be used again to improve our service provision and will be used when carrying out appraisals and supervisions. After each of our training
sessions we also ask all staff members to complete a short questionnaire relating to the training and if they found it beneficial and informative to the
services they will be providing. We ask all staff members to complete the forms as honestly as possible. We will then use these to amend our training in
order to constantly improve our company. When staff members leave

Job Experience Essay
Nearly seven years ago, when I started working for the local DirecTV installation company, it wasn't exactly a dream come true. I had the aptitude for
it, having worked previously as a home theatre installer back in Kansas City, but this job was much easier by comparison. What made this job less
than desirable were the hot attics, damp crawlspaces where I wasn't always the only thing crawling around and the loose eaves near ideal dish mounting
locations that were often home to swarms of hornets.
Less than a week into the job I was offered a promotion of sorts. They needed inspectors to verify that things were done correctly at several installation
locations each week and they wanted someone who hadn't been around long enough to make...show more content...
The best part of this situation for me was the pay. I was making $12.50 per inspection. That's over $1500 per week! Despite the great pay, I had been
unemployed for nearly a month before starting this job and because of tool costs to get started hadn't taken home much during my first week as an
installer. The first paycheck I received had an error in it. I was told by my Manager at the PaducahOffice to call the corporate office and talk to payroll
directly and they would handle it. I regularly heard new employees being told, "Call payroll and ask for an advance", not just due to pay errors, but
also to cover the startup costs of tools and ladders. This advice would soon lead to disaster.
For the first time in several months I was going to Atlanta, Georgia to visit my daughter for the weekend. I had received one puny paycheck and one
nice one, but had spent everything to get caught up on bills that had accumulated during my unemployment. So, I did what experience and
observation had taught me to do, I called payroll and asked for a relatively small advance to cover my weekend trip. Without incident a check
showed up at the office the next day and my wife and I were off for a fun weekend with my daughter. It wasn't until late the next week that all hell
began to break loose.
I was on the road somewhere in Southern Illinois when I received an angry call from the district manager inquiring why I had "bypassed" him and gone

Employment at Will Essay
Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment
at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given.
There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can
terminate an employee at any time, for any cause without warning. However, even an at–will employee cannot be terminated because of discriminatory
reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer
can also...show more content...
Although his boss stated that Stone's tie was a detriment to the company and could cause a monetary loss, there was no record of customers
complaining about the tie or not purchasing cars because of the tie. In another employment at will case, fourteen employees from a Florida law
firm were fired for wearing orange. The employees were told that management had taken the color of their shirts to mean, "that they were staging
some sort of protest." However, many of the group says that they wear orange shirts on paydays to "promote a feeling of togetherness when they
would go out as a group for drinks" . An executive brought the orange wearing employees into a conference room and told "anyone wearing orange
for an innocent reason should speak up", an employee immediately explained the happy hour color. After this, the executive left the room to confer
with other executives. When they returned, it was stated that all people wearing orange were fired although someone had said they were wearing the
color for innocent reasons . Additionally, if the employees truly had been protesting by wearing the color orange, it would have been illegal to fire
them for protesting . The employees reported feeling as though their rights had been infringed upon after being fired for wearing the color orange.
These employees were fired without any warning, without being asked to even change

Job Skills Essay
Laura G. Thompson Angie Miller English IV November 6th, 2014 Important Job Skills There are several different skills that are important to have to
have no matter what the job you are in search of or already have. Employers have told us for quite sometime now what they expect out usНѕ and I'm
going to talk about the most basic ones everyone should have, including: confidence in themselves and their work, excellent communication skills,
flexibility, adaptability and being reliable. Everyone is drawn to confidenceНѕ it's a proven fact. Although, you also want to make sure you're still able
to accept positive feedback and apply the lessons learned. Employers want you to be confident in your work and the company or business which you
...show more content...
Flexibility leads to being a reliable and responsibility. You want to be a able to rely and trust other employees to do what they need to do, so you can
do what you need to do. In order to be reliable you need accomplish tasks in a timely manner and stick with dues datesНѕ finish projects ahead of time
for bonus points, which will also take some stress off you. You should show up when you're scheduled and even a few minutes early. Make sure to
take responsibilityНѕ complete any work on time and make it to work in a timely manner at all costs. If you do ever need time off make sure you
schedule it way in advance and call whenever an emergency pops up. Lastly, take responsibility when you're to blameНѕ you'll always be better off in
doing so. Finally, adaptability. You need to be able to adapt and work around any given problemН
ѕ which means you need to be able to be resourceful
and have excellent problem solving skills. To be adaptable would also include efficiently completing your work under stress, new environments, new
coВworkers and with limited resources. These are some of the top skills I have found to be most important to employers that everyone should have.
Now you can check what you need to work onНѕ unless you already have all these essential skills, in that case you are the perfect

Essay on Contract of Employment
Contract of Employment A contract of employment is an agreement that is between the employer and the employee, by having the employer offer the
employee work to do a particular job and agrees to work for the employer in return for wages. An employer would provide a contract to make sure the
employee understands what is required of them, if so they should sign the contract. In doing this, the employee agrees only to do the jobs stated in the
contract. 'In Breach of Contract' breaking your contract even though the employee has signed and agreed to the content within the contract. It is
important for an employee to sign a contract to show they understand what is required of them and...show more content...
RETIREMNET AGE When retiring the employee will have to leave on their 65th birthday or slightly earlier if West Ham and the employee have
to some arrangement to retire early or even to carry on working past their retirement age. IF YOU WANT TO LEAVE BEFORE YOU RETIRE If
you want to leave West Ham before your retirement the employee will have to give a weeks or a months notice depending on how long the
employee has worked for West Ham. IF WE WANT YOU TO LEAVE If an employee is guilty of misconduct, West Ham will give you a weeks
notice if you have worked at West Ham for more than two years (West Ham will give the employee a weeks notice for how many years an
employer has worked for them), if you have worked at West Ham for less than a month West Ham does not have to give you any notice. YOUR
JOB The employer will have to work as what ever their job title maybe, for example if they was a manager that would be their job role and title of
their job. West Ham may move to another place or may send the employer somewhere else to work if they need to. OVERSEAS WORK If you are to
work outside the UK it will not be any longer than one month. If you do work in another country for longer than one month then the employer

Employment Equity

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