Trade union Solidarity and the government have concluded a settlement agreement regarding a Solidarity employment equity dispute.
The settlement stems from a complaint referred to the International Labour Organization (ILO) regarding the government’s approach to employment equity. Solidarity complained that the country’s employment equity legislation puts too much emphasis on race to determine who should be ‘hired, fired or promoted’.
The ILO recommended that the CCMA facilitate engagements regarding the dispute. The Minister of Employment and Labour signed a settlement agreement following facilitated discussions which were successfully conciliated by the CCMA.
The terms of the settlement agreement, which will be made an order of court, include the following:
- The criteria that must be taken into account for purposes of preparing and implementing an employment equity plan, reporting and compliance analysis.
- Reasonable/justifiable grounds for not complying with targets.
- The principle that no employment termination of any kind may be effected as a consequence of affirmative action.
According to the Minister, the contents of the agreement will be reflected in the regulations to the Employment Equity Amendment Act to be published in the Government Gazette later this year.
The settlement agreement is seen as a victory for Solidarity, who have also launched a separate Labour Court application to challenge the constitutionality of the employment equity of the Employment Equity Amendment Act. That application is currently pending and was not settled as part of the CCMA settlement of the ILO Solidarity employment equity dispute.
A copy of the complete settlement agreement that was concluded, is included below:
SOLIDARITY V RSA